"Jan, You are proof that every step taken deeper into a forest is one step closer to the other side." (Tim)

That was a comment made to me by a gentleman who had just read the Colorado Appeals Court decision in my lawsuit against my HOA. Readers here may also remember the Teller Country District Court's order (Judge Thomas Kennedy presiding) regarding the same lawsuit which I posted here some months ago.

The following is the first in what will be a series of postings of the Appeals Court's decision which I will post here over the next few weeks, along with my comments. I invite all interested folks to read this series, as well as others who may want to learn from my experiences in the Colorado judicial system.

If you have any questions or comments after reading any one or all of the series, please feel free to post them here, or send me a private email at wiwleb@netzero.com .

Jan

Page 1

Jackson v. B Lazy M Ranch Owners Association

COLORADO COURT OF APPEALS
________________________________________________

Court of Appeals No.: 07CA2379
Teller County District Court No. 06CV23
Honorable Thomas L. Kennedy, Judge
________________________________________________

Janice J. Jackson,
Plaintiff-Appellant and Cross-Appellee,
v.
B Lazy M Ranch Owner's Association, Inc., a Colorado nonprofit corporation,
Defendant-Appellee and Cross-Appellant.
_________________________________________________

JUDGMENT AFFIRMED IN PART, VACATED IN PART,
AND CASE REMANDED WITH DIRECTIONS

Division V

Opinion by: JUDGE GABRIEL
Vogt and Russel, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Announced: December 4, 2008
_________________________________________________
Law Office of Ronald Frindt, LLC, Ronald Frindt,
Colorado Springs, Colorado,
for Plaintiff-Appellant and Cross-Appellee

Scheuerman Law Office, P.C., Jack J. Scheuerman,
Colorado Springs, Colorado,
for Defendant-Appellee and Cross-Appellant

Plaintiff, Janice J. Jackson (Jackson), appeals the judgment of the trial court holding that certain amendments to the covenants of defendant, B Lazy M Ranch Owner's Association, Inc. (the ROA), were valid and, as a result, certain assessments charged to the ROA's members were also valid. Jackson also appeals the trial court's decision holding her liable for defamation and enjoining her from making certain statements in the future. The ROA cross-appeals the trial court's ruling denying its petition to foreclose a lien on Jackson's property. We affirm in part, vacate in part, and remand for further proceedings consistent with this opinion.

[to be continued]

*********************************************

Below is the full text of Tim's online comments to me about the Colorado Court of Appeals decision in my lawsuit against my HOA.

Jan,

You are proof that every step taken deeper into a forest is one step closer to the other side of the forest. When I started researching for assistance in my HOA issue your case was one that read. Not only for guidance on how to solve but also as a warning on what can happen if the HOA is really out to get you.

I am proud of you and what you have accomplished. Human nature being what it is, you probably know that this won't be the last of the issues for you. Remember, you've got support here.

Tim

P.S. Since your postings on this issue is over 14 pages, after you get the full written verdict a summary of the specific issues with resolutions/pending could help others get up to speed on the issues.

***************************
[Jan's reply to Tim]
Agreed. But I'd like to tell everyone that reads what I post about my case here that I couldn't possibly begin to relate all of the very "good" and very "bad" things that probably will happen to any HOA homeowner who tries to find truth -- and ultimately justice -- by going up against what may well be very sophisticated power-and-money seekers in their HOAs; socially (within the confines of their own dysfunctional HOAs), legally, and financially.

With power-and-money seekers, it appears that it's not just a "game" that HOA presidents and their boards and some other members may just kinda hope they'll win, imho. These people -- usually HOA presidents and boards of directors and their followers -- appear to be intent on ruining the lives of any HOA homeowner (and the homeowner's family) who tries to oppose them in whatever it is they decide they want -- which is usually power and money for themselves through the complete control of their HOAs' homeowners and the homeowners' money.

Remember what happened to the manager/owner of AHRC? It was absolutely unbelievable! But it actually did happen and should be a warning to many, of not most, HOA homeowners who believe they will be able to find truth and justice in their own HOAs. Maybe they can. But the chances are very good that they will often wish they had sold their home as quickly as they could and let the whole bunch of them destroy themselves as a result of their own self-centered and self-interested greed.

I hope that my case was able to help you. I know that what happened to AHRC's owner/manager helped me beyond measure! Not because it taught me how to avoid any bad stuff that might happen to me, but because I was basically prepared -- physically, emotionally, and legally -- for almost anything my HOA could throw at me.

Thank you very much, Tim !! I appreciate that more than you will every know !!

Thank you again, Tim !! We freedom and liberty folks would very quickly be swallowed alive by the bad guys among us if we good guys didn't support each other in times of need -- usually emotionally, but often with recommendations based on our own bad experiences in our HOAs.

I will certainly do that, Tim. I promise !!

Jan