Estates at Great Bear review: Lawsuits/Harassment/Discrimination

You must read this page to the bottom! This is incredible harassment and discrimination by this community to me: ESTATES at GREAT BEAR golf community filed a lawsuit against me for cleaning up my backyard in September, 2009 for $10, 855.

I would like to write some of the HOA board members’ harassment and discrimination history towards me: In April 29, 2008, the Board started harassing me about an advertising sign that my landscaper put on my front lawn and I did not even know. We have bylaws say no sign in our property. One of the board members let “his friend” who is a landscaper put up his advertising sign for 4-5 weeks front of his lawn when he did landscaping in 2006. He probably got some good price for this favor. Many of his “friendly neighbors” also had their contractors’ signs for many weeks across street from this board member’s house during 2007 and 2008. When I confronted him about this sign stood up on his lawn for 4-5 weeks and let his friend advertised in his lawn, this board member was guilty and did not communicate further about my sign issue with me and he forwarded my confronting email to the president of the board. Second day of sign standing on my lawn, this president of the board came right away and screamed and yelled at me and my landscapers to take the sign down. He was screaming like an angry ego manic. I confront him that he is harassing and discriminating me. He claimed that he was not and I shall report to him if anyone who put sign up and he will take care of it. Two days later a board member had a contractor’s advertising sign standing his lawn. I reported to the president of the board. This president notified this board member that I have reported about the sign on his lawn. A few days later this board member who had a sign called me up and said why did you report to the board? We had an argument on the phone. The president set me up to report to him about the signs and he BLACK MAILED ME! His had intention to make all board members in this community to hate me.

Now about the lawsuit: I followed their bylaws (submit landscape plan to committee for approval) and my plan was approved. Then HOA told me that I need a permit from them to cut trees for any trees 4 inches or more in diameter. Since everyone got permits to the cut trees, therefore I asked for a permit to cut the trees so I can execute my landscape plan which was approved in November 2007. HOA told me they approve plan but they accuse my land as a wetland property in the back. I asked for permit to cut. HOA kept harassing me and said I have to submit survey map on my property and call the original land surveyor and give a telephone number to contact. I waited 1 month and no one call me back. HOA told me that they could not get the map from them either. I asked for permit again. They told me I have to mark the trees so they see which trees are cutting. I said I can not access to trees to mark them because rose thorn bushes are covered very inches (We can not cut anything in wetland) so I indicated from left to right side of my property in my backyard. Then HOA told me to go to EPA since they have an authority and HOA does not have authority to give a permit. HOA redirected me to DEP and Army Corp Engineering. Then later they redirected to DEP to get an approval since HOA does not have authority over my wetland or wetland easement. DEP says I can cut the trees as long as I do not violate their rules and regulation. I told HOA that I read all websites and there is no such thing that I can not cut in my land. DEP says I am not violating their regulation and they can not release a letter so read them on the website go by their rules. The board did not call to get the approval for me which they should since they are the landscape approval committee. I did some research and found my survey map. I do not have wetland but I have wetland easement indicated in my backyard. After I found the map, HOA said I could have got the map from our Township. HOA actually approved a tree to cut who has wetland easement. I had a feeling that HOA board members were harassing and discriminating me. Therefore they were giving me run around and refusing to give me a permit to cut the trees. If HOA does not have an authority to give permission on wetland/wetland easement or refused to give me permit as if my land was not wetland easement, how they can issue me a fine? HOA said we issued fine for cutting trees without a permit. We issued a fine because you did not mark the tree for us! A member told me that she had a permit to cut without marking the trees! The president of the board said I did not mark the trees for him to approve. I said I could not cut anything because it is wetland easement in my back so how could I? Then he said you could have clean up the thorn bushes in the wetland easement and mark the trees. The board wanted me to clean up some bushes without the DEP approval! This was a total harassment. Therefore I wanted to see if they were treating me fairly, so I requested the president of the board to release me a permit if my land was normal dry land. I want to see if they are treating fair with others. Sure enough he refused to give a permit for that too. On September 10th or 11th, 2008 before I cut the trees, I called two board members and I left a message that I am schedule to cut the trees on September 11th so requested the permit from them for the last time. None of the HOA members returned my calls nor gave me permission letter. They failed to give me a permit! I finished cutting trees on September 11, 2008, the president showed up to take a look what I did on my backyard. He did not warn me in writing that he will issue me a fine if I cut the trees even he knew the date for cutting trees. HOA issue me a fine for $2400 for 8 trees. I questioned what the fine was for. HOA board members said I have violated the bylaw (Cut the trees without permit). I confronted them that my neighbors did not submit the plan and they cleaned up their wetland and wetland easement located in their backyard and you did not issue any violation summons. The president of the board said when DEP give them summons then the board will go after them. No government agencies gave them fines. The Board has not taking them to court either. Since no government authorities gave me fine so demanded to HOA to drop the fine. HOA said no. At this point, the board’s president was loosing the battle so they called our Township Zoning officer to give me fine under zoning regulation but unfortunately the officer cherished what I did. He was proud that I cleaned up my backyard and increase value of my property and this community! Although all harassment and misguidance for 10 months, I was kind enough and I offered the board to settle this case for $900 for three trees that I cut because I did not battle over this issue in court therefore I said I did not cut 8 trees. I cut three trees (rest was bushes and less than 4 inches in diameter) so I will pay $900 for the fine (Three trees I cut and rest was less than 4 inches in diameter and bushes) or $500 and plant 5 Bruce spruces. HOA refused all offers and file a court case against me for $10, 855 including late fees and legal fees in September 2nd, 2009. Look up the court Case-#8267-CV2009 in Stroudsburg, PA Civil court (Estates at Great Bear community Association, Plaintiffs). Final negotiation in December 28, 2009, The board tried to settle with me for $7, 593 plus “a tree replanting plan to replace the visual barrier that was removed by the cutting of the trees would be submitted by me to the Architectural Review Committee(“ARC”) for its review and consideration. Defendant would agree to abide by comply with the ARC’s recommendation, which will likely include the replanting of trees on or before June1, 2010”. THIS IS WORST DEAL EVER! What kind of lawyers are these people? Is this a joke? HOA board members decided to spend community money on lawyer's fees which many home owners do not wish to precede the lawsuits which is coming out of their pockets. HOA board member said that lawyer’s fees are not coming out of his own pocket only and it comes from community money so he does not care to fight the lawsuit in court. I said any court matters have to be informed to all members since all members will have to pay for the lawyer’s fees. Then he said what? So are you going to talk to your neighbors? September 2nd, 2009 the board decided to file the case without informing the members! Now I am filing discrimination case against Estates of Great Bear golf community association which I was going to file. This neighborhood is in such a mess. No one is daring to suggest my fair settlement (I pay half of the fine and pay my own lawyer’s fee and community dues. The HOA drops half of the fine and pay their own lawyer’s fee) because it seems that they are scared to be excluded from favoritism and attack by the board for violating the bylaws. HOA board members are in power to approve everything so everyone has to kiss the board members b…s, keep it quiet, and pay all lawsuit damages from their own pockets? I really feel empathy towards these members who are in the harassed position by the board and can not put the forces together. No one has GUT to stand up?

This is one of the Toll Brothers built golf community and I think Toll brothers could have worked on complete bylaws with Great Bear Golf course owner, developer Keystone Hollow Corp. before they sold these homes to public so that everyone is in contract with same bylaws or made this community public with no bylaws and association like other Toll brothers’ communities. So these homes are governed by one government rather than 2 governments. Then perhaps we will not be in this mess! When I signed a contract with Toll Brothers before my house was built here, there were limited bylaws until currant president (See all board members’ names on the lawsuit petition mentioned above) elected who plays golf in this golf course, has been creating so many bylaws that are favoring this golf course and he is choking most of members to live comfortably and taking freedom away from most of the residents. Some members who fought some issues in this community and said they believe that the currant president of the board is close netted with the golf course owner or manager. Probably their feeling is correct. Otherwise why the board is creating all kinds of bylaws favoring the golf course? One board member said he can see my house from the golf course after I cut trees. And guess what? Read above what it says “A tree replanting plan to replace the visual barrier that was removed by the cutting of the trees would be submitted by me to the Architectural Review Committee (“ARC”) for its review and consideration”. Means I have plant 8 trees that they are claiming! Plus $7, 593 I have to pay! Is this Cramer, Swetz & McManus, P.C. law firm out of their mind? This law firm’s info is in the front page of this lawsuit petition filed in court mentioned above. Do they call this a final offer better than $10, 855 claim in this petition? Is any lawyer out there wants to challenge this law firm for this case?

Please read bylaws of this community attached in this petition filed (Case-#8267-CV2009 in Stroudsburg, PA Civil court for Estates at Great Bear community Association, Plaintiffs). Incredibly disorganized bylaws that do not protect the community members! And suffocate all home owners. Yes, this community’s residents expressed that to me about these unwanted bylaws but again no one has GUT to stand for change!
Very important bylaws are missing here. “The board shall win at least 60% of the vote from all members in order to precede court filing to any individual and all lawsuit expenses and fees will be supported by all members, all members shall vote to drop the lawsuit in any case” or “Landscape plan shall be approved by the board within 60 days (including government authorities’ approval. In any case he board does not respond within this time frame, home owners shall execute according the landscape plan has been submitted and the board can not take action against the home owner. This community pays very high real-estate and school taxes and can not even enjoy their properties! Before you buy any property here in this community or play golf in this golf course, you should search all info on lawsuits and crimes which I believe there is (are) crime case(s) and also there maybe some police reports as well. These issues will concern your real-estate investment, for you and your children’s security, and playing golf safely. Be careful everyone who is a single woman, single minority woman, single successful woman, single young and attractive woman a living in a couple setting, You can be a treat to this kind of neighborhood. You can be a target to be harassed and discriminated. We need to secure single women out there since single women are increasing nationwide living in the communities all around the country. One of my neighbors, a single woman who resides alone, found a dead mouse’s head and body in front of her door step in this community! She said someone purposely did this because dead cat’s body was found in other part of her land!

If you need more info or further details of these lawsuits/harassment/discrimination cases, look up www.shameon-estatesofgreatbear.com and www.lawsuits-estatesofgreatbear.com, which will be searchable in all search engines soon. If you want to know more about this neighborhood and any further news, look up these sites or contact me from these websites. Next event will be news papers and TV broadcasting locally, then regionally, and then finally a national media. Is there anyone who wants to pick up for this harassment/discrimination case on TV publication? Let me know ASAP.