A-Tech Intimidation, Annual Meeting Zoom Monday by Kevin Wine, Oct 23, 2022, 12:00 AM, reply, branch, edit
This last Thursday, I received an email from management's favorite contractor, A-Tech Landscape Design, demanding that I cease and desist from defaming them here on this website. For your entertainment, the letter from their attorney is available right here:
Clearly this is an attempt to intimidate me and "save face" after they have been exposed. I never accused them of robbing the Association - that is their own interpretation of my words, all of which are still below for you to see for yourself. I have certainly accused the Board of trying to rob us, which they have already admitted to when they finally reduced the special assessment from $2,000 down to $1,200 (and we are still being robbed lol). I cannot be entirely certain of A-Tech's involvement in this disaster, but the evidence certainly suggests they are not entirely innocent in the matter. They had some hand in writing the project specifications, which is an immediate conflict of interest since they also bid on the project, and were awarded the contract. It is very likely they are also the ones that came up with the soil volume estimates, which are still way off and which they apparently made no effort to correct, and which could ultimately expose them to fraud claims. While it is the Boards own fault if they signed an over-priced contract, it becomes the contractors fault if misrepresentations were made by the contractor to the Board. I'm sure that no one currently on this Board, or on the management team, is smart enough to measure the volume of the hill themselves. Even if A-Tech had zero involvement in the hill volume estimation, the Board, management, and A-Tech were made very aware of the error a few weeks after the contract was approved, and had ample time to revise their proposal and revise the contract, but they didn't.
As far as A-Tech's defamation claims, it's going to be an uphill battle for them. I spent a lot of time reviewing the defamation caselaw in NJ three years ago. I'm sure many of you remember some of the false claims the Board, President Zhou, Linda Zhou, some Board members, and a few other residents were making about me. They were all named in a complaint that I ended up not filing. Defamation claims in NJ are tough to win, especially in these circumstances where most of the parties, including me, have the status of "limited public officials". This requires that A-Tech convince the court that my allegedly false statements were made with "actual malice" which is an intentional attempt to harm or cause damage. The first issue is that the statements have to be false. All the things I have said in relation to A-Tech are based on observable facts. The second issue is that in the full context of my comments, it is the Board I have been accusing of the attempted robbery, not A-Tech, and nothing in my comments is a direct, unfounded, or reckless attack on A-Tech. If I were to aim my words in their direction I would make direct comments as to their behind-the-scenes involvement with the Board and the management company, but I didn't, or left it vague.
Some seem to forget, or maybe have erased from their minds, that I was involved directly in the day to day operations of Society Hill for about 8 years. I was already on the Board for about 4 years prior to that, with a management company and all contractors. I know how the "condominium service provider industry" operates, from the inside. I could be speculating in much more detail about what is likely going on right now. I have no direct proof - only indirect evidence based on how the players are acting. I can tell you again, as I already have, that it does not look good. I'm sure the Board or the management will never admit to anything, so we are all left here with an incomplete picture and no hard evidence, but it is very clear that something is up. If I was forbidden to say anything about anyone, then nothing would ever change, and Society Hill would continue to be run as a closed dictatorship forever.
I will try and post my response letter to A-Tech, although I may have to redact a few parts because I will probably go further in calling them out on what they are likely doing, now that they have my direct attention.
Annual Meeting Act I
The first attempt at the 2-seat annual meeting is scheduled for this Monday, October 24, at 7 PM. Town and Country emailed the ZOOM list last week, which I am repeating here in case you missed their email:
Meeting ID: 892 4626 8982
I can't believe they have achieved a quorum already, but once again, there is no mention in the meeting announcement as to how many proxied had been received thus far, so there is no way for us to know. Assuming there is no quorum, the members that attend via ZOOM will have to suggest and vote on a new date to try again. This is the only thing the members are allowed to vote on if there is no quorum (as per Bylaws section 3.08). I guess I'm indifferent on the date this year, but generally I prefer to try again earlier rather than later. Certainly November 30th is a pivotal date (the last day to pay the $1,200 special extortion assessment), and December 1st is another pivotal date (the court hearing on the petitions).