Weissman Nowack Curry & Wilco - CAI Georgia

February 11, 2008

By Taffy Rice (View author info)
Copyright 2008 Taffy Rice

81 Old Mountain Place
Powder Springs, GA 30127
December 29, 2006

Via Certified Mail, with Return Receipt
#7006 0100 0002 6511 2854
and via facsimile: 404-926-4600
and via email: juliehoward@wncwlaw.com

Julie M. Howard
Weissman, Nowack, Curry, & Wilco, P.C.
One Alliance Center-4th Floor
3500 Lenox Road
Atlanta, GA 30326

Dear Ms. Howard,

On December 10, 2006, we found a package from you in the mailbox at the above address. Your unsigned cover letter is very alarming, as are the accompanying documents. As a result, we are writing, without dishonor, to notify you we hereby REJECT your offer of entering into a contract with one or more of your alleged clients or those asserted by fellow GA BAR Members. We have never contracted with the various corporations, fictitious or otherwise, you contend to represent, and we will NOT contract with any of those parties, in the future, as we have similarly refused in the past, which is well documented. Likewise, we have no plans to contract with you or your law firm regarding any matter.

Pursuant to current applicable law and the Constitutions of Georgia and the United States, we cannot lawfully be forced into a contractual relationship without a requisite "meeting of the minds" and acceptance of all issues in said contract. This letter constitutes notice that such an agreement is not attainable regarding the imposition of covenants and restrictions upon our property or deed, in accordance with GA Law and case precedence. As you should reasonably know, the deed for the above noted property is unencumbered by any covenants or restrictions, except as noted on the face of the deed, originally filed in 1991, or on the face of any prior deed in the chain of title. As such, neither of the sets of alleged covenants you seek to impose upon our property relates to us in any manner. Since, those two sets of covenants do not currently bind our property, your new contract or "Proposed Amendments" likewise cannot bind or affect our property.

According to property experts, no property in Phases II and III of Lost Mountain Township has ever been legally bound by the alleged covenants you seek to amend, due to the improper filing of same by the original developers. This fact and verification was provided in 1996 to Mr. Seth Weissman, who unmistakably recognized the salient facts. You are also certainly aware that no doctrine such as estoppel can be used to impose covenants, the POA Act rendered after purchase, or any contract upon a party or property, if there was no full disclosure yielded in the making of said contract. Therefore, your current efforts must be designed to defraud and willfully deceive residents into voluntarily acquiescing to a contract, they lawfully could not be forced into, particularly when creating only detriment and expense to their property. State and federal law is unambiguous in this area, which a law firm of your size and experience, would most certainly be aware of. Convincing others to enter into a contract without full disclosure could be no less than constructive fraud, resulting in a contract that holds no force of law.

Based upon the aforementioned, we will not participate in your improper vote by casting a "yes" or "no" vote or yield any acquiesce to fraud or dishonor for codified law. Unequivocally, we are not part of either of the illegal associations you claim to represent, and will not participate in any continuation of the fraud perpetrated upon the courts, as well as the owners of property in the land lot and district wherein our property is located. You are not authorized or permitted to use this letter as evidence of any alleged quorum in perpetrating further illegal activity.

In our opinion and based upon the fraud instigated by members of the GA BAR Association of which we have been made painfully aware, in addition to the documents filed in both deed records and the Cobb Superior Court, we find your letter and accompanying documents to be undeniably fraudulent and intentionally misleading. Your attempt, akin to your predecessors to gain certain controls over the properties in our area, has no basis in law, and creates a Constitutional deprivation of rights. Furthermore, you are attempting to gain future money from the owners of said property through fraud and malfeasance. Knowingly perpetrating fraud and initiating liens or legal actions via deception or abusive tactics could jeopardize not only individual careers, but also the standing of your law firm.

Aside from the numerous provisions in the "Proposed Amendments," which violate current law, your cover letter admits your law firm condones certain prohibited activities. Now, you seek to "legalize" some of the illegal activities in exchange for our neighbors' money. Additionally, you are no doubt aware the "board" you claim to represent has never been properly elected in accordance with any of the multiple versions of covenants you seek to "amend." Although we are not subject to those various covenants, we have had several occasions to read them in their entirety, due to the fraudulent actions perpetrated upon our family by your clients, for whom you have now willingly become engaged. Based upon multiple reviews by legal experts trained in property law, it is painfully clear those claiming to be LMHA, LMTA, LM HOA, along with those fraudulently asserting the corporate identity created by us LMTHA, have been perpetrating fraud from the time the covenants were erroneously and illegally filed.

You may not be personally aware, but in 1996 your employer, Seth Weissman, consulted with us regarding the fraudulent manner in which the individuals, then claiming to be a mysterious and illegal "board", was conducting itself. Additionally, you should be aware your colleague, David Kwon, was formerly retained by Ronald Cannon to file suit against a resident of Phase I, at the time acting as counsel for Sams and Larkin. Moreover the extent of corporate fraud and fraud upon the courts perpetrated by Mr. Kwon and his replacement, Richard Calhoun of Brock & Clay, included the use of 4 different and mutually exclusive corporate names for one client, in direct violation of numerous provisions of law, replete throughout the suit against the Preslock family.

In fact, two of the four names asserted, were not even legal corporations. As you should be aware, your clients' and colleague's actions constitute fraud, constructive fraud, corporate fraud, and corporate identity theft, at a minimum. This is the same tactic used by your clients and Mr. Calhoun in the fraudulent suit in equity filed against us, now be reviewed at all levels of government. These suits filed against Rice et al, were filed in violation of laws protecting citizens from Strategic Lawsuits Against Public Participation (SLAPP), due to our assertions of Constitutionally protected freedoms to include the right of free speech. You reasonably should be aware my wife and I have spoken and written publicly on numerous occasions about the illegal conduct of your clients. The 7 lawsuits your alleged corporate clients filed or initiated against us were nothing more than SLAPP actions. Additionally, the suit your predecessor, Richard Calhoun, filed upon our prevailing against the attacks launched by the county, on behalf of your client Terry Say, his wife, and the Odoms, were also SLAPP, as well. All were designed to deplete our assets at a time, when former Judge Flournoy had indicated he would dismiss the first suit filed by Calhoun against us for failure to name a proper party plaintiff, (LMHA, Inc.). Your continuing actions in violation of our rights, and our neighbors as well, constitute a continuation of the SLAPP initiative begun by Brock Clay Calhoun (BCC).

You current efforts to defraud 113 lot owners, follows the same fraudulent pattern conducted by the Says, Cannons, Leeds, Mr. Jenkins, and the Hexts, all illegally claiming to be officers and board members, in opposition of the requirements outlined in the covenants and restrictions, they seek to impose ONLY on others. Be advised, our family will neither condone nor participate in your efforts. As a result of time and extent, we cannot fully herein delineate the extent of illegal and unconstitutional wording in your current contract proposal. However, make no mistake, we will not tolerate any attempt, by your firm or clients, to impose alleged "covenant revisions" upon our property. If you attempt to encumber our deed in any fashion, we will pursue you personally, your firm, and your clients in the appropriate venue. Our deed is not currently encumbered with covenants, nor is any deed in our chain of title. Though no other property is legally bound, as we have been shown, each owner may choose their indebtedness.

We are intimately familiar with your firm's relationship, involvement, and extensive participation in Community Associations Institute (CAI). CAI has without question attempted to destroy private property rights nationwide. That same pattern, which you are currently attempting, to impose had been perpetrated upon tens of thousands of homeowners around this nation. Your current position, as a CAI pawn or officer, has not gone unnoticed, as well as your fraudulent efforts to snare or dupe unsuspecting property owners during the holiday season.

It is our opinion, your efforts are simply an illegal continuation of your clients' and associates' SLAPP actions. Therefore, please cease and desist all attempts to suggest or impose covenants upon our property or to obtain funding for such deceitful practices. If you fail to do so, we will seek to become whole in the appropriate forum. Govern yourself accordingly.

Sincerely,


J. Andrew Rice
Kathryn W. Rice