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Board incorrectly claims to be in “ongoing litigation” with Warner

  • Election
Jeff explains why the attorney’s opinion was not shared

Original meeting 00:20:45–00:22:45. He describes the materials reviewed and speculates that “ongoing litigation” explains the confidentiality.

“We are in litigation right now” — Warner disputes the claim

Original meeting 00:51:12–00:52:10. Jacquie Farr answers “With you” when Warner asks with whom; Warner denies any lawsuit or mediation request.

A resident corrects the litigation claim; Farr clarifies and apologizes

Original meeting 01:04:15–01:05:40. The exchange distinguishes a demand letter from litigation. Farr acknowledges possible misuse of the term and describes a letter requesting a meeting.

At the October 7 election meeting, Rudolph suggested “ongoing litigation” probably explained why the attorney’s opinion was confidential. Farr later said, “we are in litigation right now,” answering “With you” when Stephen Warner asked with whom. Warner immediately denied any lawsuit or mediation request.

The third recording captures a resident distinguishing a demand letter from litigation. Farr then acknowledges she may be using the wrong terminology, describes a letter from Warner’s attorney requesting a meeting, and apologizes.

How the language escalated

September 16: the Board said homeowners “submitted a formal request.” September 21: Farr called it a “Formal Request filed,” while Warner said it had not invoked a legal process. The displayed October 2 announcement said the Board was “served.” That post was marked edited, so the capture does not establish when that wording was added. On October 7, the description became “litigation.”

Warner and Banvich had offered to meet personally with the Board multiple times, including September 14 and September 21. Instead, the Board chose to continue attorney involvement and use public escalating legal language.

Because of this, Warner retained an attorney who sent an election demand letter to the Board on October 2. This letter offered a personal meeting and did not request mediation or initiate a litigation process.