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Steve Solcich
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Press Release
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My 'First Impression" going to trial against a Homeowner's Association
The inflicted 'outrageousness' of participating when living in an HOA
April 04, 2001
By
Steve Solcich
(View author info)
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Houston, Texas - Last summer, I attempted to counter-sue my former association for two million, who again sued me for picketing its gangster directors in front of the community hall.
The CAI attorneys non-suited me by beating me to the district clerk by two days. I was travelling home to Hill Co. Texas when they filed this non-suit, and when I learned of it, returned back to Houston. I re-filed in a lesser monetary ($100,000) County Court where there are no known CAI judges in seeking to gain this First Impression.
This 'impression' involves the inflicted "outrageousness' of participating when living in a HOA. This includes every hoa depravity you are familiar with--from its unaccountable directors, litigation as'due process' to its 'sham' elections. I could not obtain permission to include the State of Texas, but I am requesting an apology from the State for living with the infliction.
…. a formal written apology addressed to Plaintiff from the State of Texas issued from or through this Court that apologizes for the HVCA mandatory homeowners association infection pertaining to:
a) no unbiased third party regulation controlling HOA elections
b) no regulation and accountability of HOA directors
c) no regulation to stop litigation as due process in the HOA concept
with the State giving power to "special interests" to harm
d) this State allowing the Constable Program to operate in Huntington Village using fraudulently induced collected funds and
e) for allowing the Constable Program to perform as personal cops for the HVCA directors, who pay them with these illegally assessed funds
Marc Markel, president of the CAI Research Foundation, is defense lawyer for the lawsuit having plenty of Chubb's money. He immediately filed a Motion for Summary Judgment to kill the issue/claim. Intentional Infliction is by far a difficult claim to win.
Individuals have tried and failed at winning in using this tort for a variety of reasons. Short of watching a 'loved one' raped then dismembered with a chainsaw, its standards as ruled by the Texas Supreme Court are stringent:
conduct 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.
Intentional Infliction of Emotional Distress is a gap-filler tort intended to supplement existing tort theories. Thus, the tort's clear purpose is to supplement existing forms of recovery by providing a cause of action for egregious conduct.
Six months later as of yesterday afternoon, the hoa and its elite CAI boutique are denied their Motion for Summary Judgment, and I take the Intentional Infliction issue to trial.
I am further seeking the revocation of the association's non-profit franchise. An attorney for Texas Secretary of State gave me permission to do so.
Markel's office has boasted to me of its numerous Chubb "payoffs" to keep only sheep as members in Houston's associations. Consider it 'moving away expenses' or your down payment on that land or lot. Have you received yours?
Happy, you bet I am. Everyone who believes in their hoa institution can now kiss my ass.
There is an anti-hoa God who knows of the new-age gangsters, and who reigns with fairness and possibly--justice.
Steve Thomas Solcich
Former member of an HOA |
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