Rumor Control: Nepenthe Lawsuit Settlement Nets Plaintiff $242.35

Dear Nepenthe Homeowners,

People are saying Nepenthe paid me $25,000 but it was Nepenthe’s insurance which reimbursed me for my attorney fees. After paying my attorney, I was paid only $242.35. For homeowners review, I have attached the complaint which is provides a timeline and the “causes of action” , but it didn’t become a lawsuit until it is filed with the courts. Upon receipt of this complaint, Nepenthe’s attorney filed a claim with Nepenthe’s directors and officers insurance policy. The recall election would have cost just several thousand dollars had they listened to our counsel back in December. What I don’t know is how much Nepenthe paid in legal expenses. My complaint requested the redacted legal invoices for the recall, but the Board refuses to cooperate claiming attorney-client privilege. Homeowners should have a right to know how much money the Board wasted. It’s time for the incumbents to come clean and own up to this fiasco that was easily preventable had they just followed the law and Nepenthe Bylaws.

At the December 18th homeowners meeting about the recall election, Nepenthe’s attorney speaking to both the Board and homeowners on the recall process advised the Board to proceed with the recall election stating, “99.9% of associations… do it otherwise the theory is that if the Board doesn’t go ahead and proceed with the recall election, then an owner can or the owner can go to court and get to go ahead and proceed and so that gets expensive.”  Brad Epstein was then asked if the recall was valid responding, “Yes indeed.” Instead of taking his advice, your Board rescinded its decision to hold the recall election on May 3rd.

Although I received reimbursement for attorney fees, we lost a lot of time in this recall election. They had originally dragged it out to a May 3rd date, but legally it could have been held within 90 days from when the recall petition was delivered on December 6th and voted March 6th. Unfortunately, they bought themselves more time to play the HIDE AND SPEND game while racking up attorney bills on their behalf. I do hope that you take the time to read through the linked documents above. Please contact me if you have any questions.

Your friend and neighbor,

Ashley Tangeraas

Disclosure: I am not an attorney and might have gotten some of the lingo wrong. Do your own due diligence seeking your own counsel.