|
January 03, 2000
|
Case No: 999-45796 - Steve Thomas Solcich v Huntington Village Community Association
|
|
Texas
Municipal Court
|
Steve Thomas Solcich
v.
Huntington Village Community Association
|
Summary
Cross-Claim Defendant, Steve Thomas Solcich, hereby generally denies each and every, all and singular, the allegations and claims of the Original pursuant to TRCP 92, and demands strict proof thereof by a preponderance of the evidence. Such allegations and claims directed at Mr. Solcich, whatever these may be, have not been fully made known to him. This is due to the piss-poor Constable process service seemingly granted to the gangster-defending CAI attorneys.
|
|
|
Causes of Action: Cross complaint
|
Lawsuit Text
CAUSE NO. 1999-45796
JOHNNY M. JOHNSON and § IN THE DISTRICT COURT OF
PALMA SALES §
§
VS. §
§
HUNTINGTON VILLAGE COMMUNITY § HARRIS COUNTY, TEXAS
ASSOCIATION, INC., J. DAVID SCHAUB, §
d/b/a COMMUNITY BILLING SERVICE, §
SARAH WINKLER, INDIVIDUALLY, §
CHARLES NORVELL, INDIVIDUALLY § 164TH JUDICIAL DISTRICT
CROSS-CLAIM DEFENDANT STEVE THOMAS SOLCICH'S FIRST AMENDED ORIGINAL ANSWER AND HIS ORIGINAL COUNTER-CLAIM AGAINST HUNTINGTON VILLAGE COMMUNITY ASSOCIATION INC.
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Steve Thomas Solcich, Cross-Claim Defendant in the above-referenced and styled cause and files this First Amended Original Answer to Huntington Village Community Association Inc. (HVCA?s) Original Counter Claim, and in support thereof would show the following:
I. General Denial
Cross-Claim Defendant, Steve Thomas Solcich, hereby generally denies each and every, all and singular, the allegations and claims of the Original pursuant to TRCP 92, and demands strict proof thereof by a preponderance of the evidence. Such allegations and claims directed at Mr. Solcich, whatever these may be, have not been fully made known to him. This is due to the piss-poor Constable process service seemingly granted to the gangster-defending CAI attorneys. See attached affidavit from Gene Butler. These Caring Attitude Imposters are further sanctioned by the State of Texas to conduct a reign of terror with litigation financing granted by co-conspirator Chubb Insurance. This process is being used against all HOA Reformers seeking Homeowners' Rights against Chubb's nationwide fetish for governance using entrenched HOA gangsters.
II. Verified Defense
Cross-Claim Defendant Steve Solcich also denies liability on the grounds that:
1) There remains a likelihood of Defect of Parties in that all relative co-conspirators
involved in a concert of action and civil conspiracy have not been joined to this suit.
These include but are not limited to: Lori Alderson, Ann Ferguson, Joe Garza, Olga
Garza, Virginia Ho, Lee Meister, Larry Dechard, Joe Lucco, Marsielle Sanders,
Dianne Williams, Pamela Fontaine, Claire Keepers, John Hallberg, Gloria Dowaik,
JoLynn Paschall, Diane Nesper, Fritz Leuze, and Brad Winkler; and
2) A prior lawsuit with claim for damages was filed beforehand by Steve Solcich against
the Huntington Village Community Association Inc., and is still pending in the Harris
County Small Claims Court regarding the September 1999 director/election issue.
See affidavit/verification of Peter Riga.
III. Affirmative Defenses
For further answer, if any be necessary, Cross-claim Defendant, Steve Thomas Solcich, asserts the following affirmative defenses: 1) Contributory Negligence, 2) Breach of Corporate Formalities, 3) Justification, 4) Fraud, 5) Duress, and 6) Necessity of Candidacy due to the State's imposed mandatory membership infliction.
IV. Counter-Claim
Huntington Village Community Association Inc., actionable through its gangster-like directors, is liable to Steve Thomas Solcich for causing consistent Intentional Infliction of Emotional Distress.
HVCA's directors existing unaccountable, have acted intentionally and recklessly causing the Solcichs to move from the subdivision. The directors act discretionary for reasonable responses and viable explanations to its agreements and to its abuse of power violations. HVCA feverishly sustains an illegal, continuous HOA preservation mode through civil and criminal conspiracy.
The conduct of Defendant HVCA is extreme, outrageous and against public policy in that they pursue to financially destroy Plaintiff Steve Solcich, and any other member that has or now ?attempts to challenge? their despicable violations. The monetary absurdity of funds necessary for ?attempts to enforce? by Plaintiff's member/participation are so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency and are regarded as atrocious, and utterly intolerable in a civilized neighborhood community.
These actions of the Defendant cause the Plaintiff and the community emotional distress, from which necessitates Plaintiff's and others? constant policing participation toward indemnified HVCA gangster directors. Plaintiff and others must file consecutive lawsuits to participate in his HOA. Chubb Insurance, which authorizes a policy of unjust enrichment by allowing the membership's premiums be used against a participating member, consistently defends HVCA's entrenched violators in bad faith.
Defendant HVCA is causing Plaintiff his severe distress and suffering plight while having him live under unreasonable corporate government which is inflicted and its covenants not enforced by the State of Texas. Plaintiff is sustaining constant emotional distress due to the outrageously flawed homeowners? association concept of this ?forced membership? sanctioned by the State, and practiced by the Defendant HVCA through coercion, thus promoting an undemocratic foundation furthering denial of Plaintiff?s Constitutional Due Process. This results in Plaintiff?s constant struggle to uphold agreed and recorded rights to the detriment of his health, welfare, property and family life. Plaintiff suffers with horrid depression, and increased aggravation to his occupational bone disease and colon dysfunction, all because he chooses to participate in needed reform against an entrenched civil conspiracy made-up of Huntington Village directors and their few co-conspiring followers and stakeholder attorneys.
Background Facts
1) By the HVCA's directors' admission, "few participate" in the course of its history in the worthless HV association--including attendance at meetings and voting for directors.
2) HVCA's directors knowingly pursue a spending-spree for wasteful legal defense regarding all of their alleged covenant and by-law violations since 1984. Such misappropriation of funds has been consistently directed at Solcich since 1996. In late 1998, in directors' typical deceptive fashion, they lied to the membership in their newsletter regarding Solcich's newsletter comment on the board's proposal to raise the assessment to $175 annually. This lie was accomplished with help from their CAI attorney.
3) HVCA directors bill an annual assessment fraud to buy the Constable Program. This Program acts as a personal Gestapo for the board of directors, and these personal cops cannot be implemented in Huntington Village without the $144 assessment amount which is not legally ratified and recorded as required in HVCA's covenants. Glen Cheek and his Constables of Precinct Five contribute to this conspiracy by knowingly accepting these fraudulently billed funds, and by refusing to terminate the Program in Huntington Village after receiving frequent complaints of their participation upon given orders from HVCA directors, the sole purse-strings of the Program. Plaintiff Solcich has experienced ejection form the common properties in January 2000 and harassment and denial regarding newsletter delivery from directors ordering these Constable body guards to do such.
4) In late 97 and throughout 1998, Steve Solcich engineered with other concerned citizens a grass roots Coalition to reform Texas homeowner association abuses of power caused by entrenched BOD gangsters and CAI-Chubb. Former Lt. Governor Bob Bullock charged a Committee to investigate homeowner associations and contacted Steve Solcich inviting him to testify after reading his article, New Gangster In Town. Plaintiff Solcich has since worked hand-in-hand with many TX Legislators to promote Homeowners' Rights legislation that demand checks and balances for a fair playing field against unaccountable HOA directors. He continues to be active in a national HOA reform movement.
5) TX Legislators failed to enact legislation to protect those homeowners who participate against the miniscule criminal cliques reigning in associations as in Huntington Village despite receiving recommendations that homeowner associations are runaway, de facto quasi governments whose directors are state performing actors. Instead, the 76th Legislature failed miserably by foolishly kissing the asses of the CAI anti-homeowner lobbyists for preservation of their racket. The Secretary of State and the TX Attorney General have failed to revoke HVCA's corporate non-profit franchise claiming no authority and manpower can be exercised against homeowner associations.
6) In August of 1997, Linda and Steve Solcich were forced under duress, hardship, prevailing sickness, and lack of money for justice, to concede in a mediation settlement to the HVCA's directors' annual fraud billings. The Solcichs further received threats through the mail. They now desire pursuing to rescind this mediation/contact for these reasons.
7) In November of 1996, Linda Solcich was continually poisoned from carbon monoxide emitted by the chain-smoking addict, director/president Charles Norvell. Suffering from migraine headaches, Linda and Steve Solcich demanded an explanation from Charles Norvell to quit smoking in the common community hall because of the harmful second-hand smoke. The Solcichs requested $35 for migraine medicine for Linda. Other directors friends lied that the constant cigarette smoke did not bother them. All of the directors, as the volunteer violators they are, banded together with their CAI friends for enormous defense help rather than stand up as responsible adults and members.
8) In March of 1995, HVCA directors voted down a motion to consider abiding by their covenants and by-laws
9) In August of 1984, the Solcichs were given no actual notice of an association or its inflicted membership until sitting at the closing purchasing their home in Huntington Village. As an adhesion contract, the mandatory membership was seemingly attached to the acquisition with no prior disclosure of any covenants or association membership.
No bargaining power to decline this membership was allowed to the Solcichs in this unconscionable contract performed with coercion. No disclosure was made to the Solcichs that they must always have on-hand unlimited funds for hiring attorneys to enforce director violations for the State of Texas. No disclosure was given to the Solcichs that HOA directors were accountable to no authority or prosecution, and possess a bottomless legal defense fund sanctioned by the State.
Prayer For Relief
WHEREFORE, PREMISES CONSIDERED, Cross-Claim Defendant and Counter-Claimant Steve Thomas Solcich respectfully requests upon judgment rendered by this Court to be awarded two million ($2,000,000) dollars in damages against Defendant Huntington Village Community Association, Inc., all reasonable and necessary attorney?s fees, costs of litigation, and all costs together with such other and further relief to which Steve Thomas Solcich may be entitled.
Respectively submitted,
________________________________
Steve Thomas Solcich, pro se
259 HCR 3341
Hubbard, TX 76648
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the foregoing ?Cross-Claim Defendant Steve Thomas Solcich's First Amended Original Answer? and his 'Counter-Claim Against Huntington Village Community Association Inc.' was sent by either certified mail, regular first class mail and/or by fax, this the 14th day of July 2000, to the following Counsels of Record of all known parties:
Marc D. Markel, Esq. Lori Alderson, Madam
2500 City West Blvd., Suite 1350, 14811 St. Mary?s Lane, Suite 270
Houston, Texas 77042 Houston, Texas 77079
Fax ? 713-840-9404 Fax ? 281-493-1539
ATTORNEY FOR DEFENDANT ATTORNEY FOR DEFENDANT
HUNTINGTON VILLAGE COMMUNITY COUNTER-PLAINTIFF/CROSS
ASSOCIATION, INC., SARAH WINKLER PLAINTIFF HUNTINGTON VILLAGE
AND CHARLES NORVELL COMMUNITY ASSOCIATION, INC.
Richard P. Martini, Esq. Dermott Rigg, Esq.
460 Riviana Building, 2777 Allen Parkway 13333 Southwest Freeway, Suite 100
Houston, Texas 77019 Sugar Land, Texas 77478
Fax ? 713-528-3138 Fax ? not known
ATTORNEY FOR JOHNNY M. JOHNSON ATTORNEY FOR J. DAVID SCHAUB
AND PALMA SALES d/b/a COMMUNITY BILLING SERVICE
____________________________________
Steve Thomas Solcich, pro se
Cross-Claim Defendant
Counter-Claim Plaintiff
|
|
