The mystery in the motor oil

October 4th 2023

I received motor oil via Walmart delivery on the aforementioned date. The mystery was soon answered by the flowing screenshots:

My ex-husband stalking my TikTok on September 11th 2023. Plus, his wife, the culprit behind the motor oil, stalking my LinkedIn
Text from my source
The motor oil, delivered via Walmart Delivery

After emailing my ex-husband’s attorney, I simply asked for confirmation that my ex-husband and his wife would leave me alone. However, I received no response. There was a court date set for Monday October 9th 2023 and it could have easily been settled so we didn’t have to go. After no response I sent this:

As the story progressed, the source reached back out to me because obviously this has caused quiet a stir. Which is when this was retrieved:

Seems my ex-husband’s wife admitted to everything. The Utah trip is a whole different story lol. Another obvious lie.

Now, you would assume my ex-husband would be upset with his wife for sending me “gifts” totaling around $120. Well, you would be wrong, it seems my ex-husband was more upset at the source talking to me. He and his wife claimed it was the source causing drama in their lives. Clearly any normal person can see there is something wrong with my ex-husband’s wife. She was the one sending motor oil to my house and other things. If it were me I’d be wondering why the person I’m married to wants to do these crazy things…. But alas it seems shifting blame and responsibility for actions alludes my ex-husband and his wife.

Have no fear though! I’ve stopped the crazy. I won’t be subject to anymore gifts as the court papers I filed Friday October 6th 2023 act as a no contact order. If our family case gets opened back up it will only because my ex husband and his wife couldn’t leave me alone.

Long Bay Commons POA: Oak Island, NC. Double Voting favoring blackmailing “self proclaimed President” in upcoming meeting.

In light of today’s POA meeting after 2 years of not having board members I thought I would post this giving everyone an update, so here we go:

After finding out the POA wanted to re-establish a board after 2 years of not having a meeting, my ongoing issues needed to be addressed. We have a majority of new homeowners here finally and everyone I felt needed to be up to date with why today’s meeting may or may not have conflict. I wrote an email in summary detailing the highlights of the past 5 years since Florence. Of course I wasn’t given a list of contact information to be able to get this to the new owners in time. I forwarded the information along to the person helping establish the meeting asking them to help forward it to the appropriate parties. I received news that “this would only be to establish board members”. In addition the “self proclaimed President” right now also wanted to let everyone know that they intend to already start out on a negative footing by attempting to allow homeowners that own more than 1 unit to **VOTE twice**. This of course only really favors the now “self proclaimed President”.
**NOTE: you see if you don’t have an annual meeting each year to elect board members basically the POA has no one to run it. Board members can’t just be elected and never have meetings again in order to maintain a tyrant like status over an POA, especially when they are bullying another homeowner**

I made it known my issues are dealing with voting on Board members and conflict could happen almost immediately. Since they want no one to understand what I have been through with this POA, I will post my email here and let the court of public opinion see it. This seems to be the only way to establish the fact I will be heard. So with that said, here is the email:

TO THE HOMEOWNERS OF LONG BAY COMMONS:
– Hello Everyone,

My name is Heather Kuykendall, I am the owner of 5016 Unit 5. Leading up to the POA meeting I wanted to share a few things about Long Bay Commons since we have mostly all new homeowners. 

As one of 4 owners who have been here the longest and who have gone through Hurricane Florence and some tough times. I wanted to share my story and perspective with you prior to Saturday’s meeting as well as attach some things that will be beneficial to look over as well. My purpose in sharing is to make sure that we as a POA can move forward in a healthy, beneficial way and hopefully because we have the opportunity to make some positive changes that will benefit Long Bay Commons POA as a whole. We will not have to be “one of those HOA/POAs” you hear about all the time. So with that said please hang in there with me as this email will be quite lengthy and the information attached will be quite a bit to go through. 

My story starts all the way back on July 30th 2018 when rain started penetrating the back room upstairs. There was water damage. We called out a roofing contractor to view the damage since the President of the POA at the time John Clift wouldn’t do anything. The roofing contractor told the President of the POA that the roof was so bad the sun was shining through. She advised him to get the roofs replaced on the buildings ASAP. He told her “women don’t do roofs” and ignored this warning. The roofs on all 3 buildings hadn’t been maintained or replaced since they were built. On August 1st 2018 John Clift changed insurance policies without telling anyone, which you can’t do without voting and informing everyone. 

As you all know Hurricane Florence came through in Sept of 2018 around this time and all the units sustained major damages. Especially Unit 5 since there was already prior damage. However the POA was not covered by insurance yet and the new insurance company decided to settle anyways and give an allotted amount. Once the insurance adjuster came into 5016 Unit 5 he decided to leave a whole room (with the most damage) off the report. Meaning the allotted amount for this unit was incorrect by a lot. The POA hired contractors but decided they weren’t going to remove the toxic mold. According to the By-Laws, Declarations (CCRS) and the NC Condo Act the POA was 100% responsible not only for the damage sustained by Florence but the damage 5016 Unit 5 had prior. When the contractor came in and our estimate went from $1500.00 to $30,000 what should have happened was the POA put in a supplement BUT they couldn’t because they didn’t want to tell us the POA wasn’t covered at the time of the Hurricane. I found all this out through extensive research. SO the POA told the contractors to fix everyone else’s unit but 5016 Unit 5. At that point I read extensively through every By-Law,CCR & the NC Condo Act and pointed out where the POA is responsible to fix the damage to Unit 5. They ignored it. 

On Feb 23rd 2019, my husband (at the time) and I filed a lawsuit against the POA. In April of 2019 Unit 5 was hoping for new board members to do the right thing. Mr Rodney Keesee (who is a current homeowner and owner of Strands Outfitters) took over as President. My husband at the time went to talk with him and he promised he would fix everything because at that point I was becoming extremely sick from living with the toxic mold. After Mr. Keesee’s first board meeting they decided not to do anything about Unit 5 and the lawsuit proceeded. 

The POA spent over $30,000 on an out of town attorney wasting funds instead of doing what they should. Unit 5 spent over $7500.00 in attorneys fees with no help because all the POA did was ignore any request. 

Finally at the end of 2019 after I became extremely ill I was forced to move out of my home and contractors from the local area had offered to come in and fix the damage for free. As Unit 5 was going to be fixed an “anonymous” member of the board at Long Bay Commons called contractors (which I have witness statements) threatening them and saying if they worked on Unit 5 then they would destroy their business. Being bullied, the contractors that were going to help backed out. Unit 5 found a pro bono attorney to help at the end of 2019 and early 2020. Finally after strong negotiations and meetings between attorneys (which cost the POA thousands of dollars) it got down to a contract. But not before this incident plus my ex husband being a cheater did he decide to leave right before the contract was signed in Feb of 2020. My ex brought me back here, dumped me off in mold with our animals and left me for someone else. 

That’s relevant because this starts PART 2: 

– You would think that a signed contract admitting the POA was liable and that the repairs were going to be done the Board which consisted of the following people: President – Rodney Keesee, Board members: Richard Lamb, Kelly Howard, Jason Harrell and my ex-husband who they left out of meetings and conference calls.

– Well they couldn’t even follow a contract correctly. As the cheapest unlicensed contractor was hired who was friends with Mr. Rodney Keesee decided half way through the project to abandon it. I was left living in a construction mess throughout the majority of 2020. The POA tried to blame me but then I broke the timeline down and showed proof that the contractor did in fact abandon the job. They stopped working on April 15th 2020 , worked one day June 30th of 2020 and that was it. During that time I had a full time job at Fix-A-Friend working from 6:30am to 7pm at night. So not only did they have plenty of time but they also needed to explain what the contractors were doing between April 15th 2020 and June 30th 2020 and why the project wasn’t completed by then.

– WELL HANG ON BECAUSE THAT’S NOT ALL: Mr. Rodney Keesee along with the shady contractor use the keys to come in my home while I am not here, chose to go into an unaffected area and take blackmail pictures of my animal and threaten to post them online if I told anyone the job was abandoned. Mr. Rodney Keesee still has those blackmail photos and loves to pull them out to defame me any chance he gets now. He’s used them at least 4 times that I am aware of right now. At the time I had all my creatures in one room and a construction mess for over 6 months in my house, along with working a full time job and just being left by my ex husband. Were my animals abused ? No, they made a mess like animals do but being they had to stay in one room to avoid razor blades, cigarettes, moldy insulations, nails and screws everywhere of course it looked messy. 
I had to file a 15 day letter letting them know I will pursue legal action again for breach of contract etc for not abiding by the contract. Now mind you, Mr. Keesee and the contractor had already decided to call my ex husband who didn’t know what was going on here and who had ignored and blocked me, fueling things in our divorce. Coming to find out later had told him a lot of lies that he attempted to use against me in divorce court but it was irrelevant because he wasn’t here to see what really went on. 
Finally I had to settle for what was done, was done ,as they chose to go ahead and pay the contractor, though a final walk through and stuff being done correctly just was not going to happen. My parents ended up having to step in and fix what they could and still have to put in around $10,000 to fix things correctly. Needless to say I still haven’t recovered from Florence over 5 years ago now. 

PART 3:

– The harassment from Rodney Keesee’s parents started randomly out of nowhere in 2021. 

*NOTE: Before I get started on this, I wanted to say my ex husband was abusive (documented & brought up during divorce). He never helped me at home, nor did he help when I was sick from the 2 types of toxic mold in the home. When he left in 2020 it saved my life but I also have been through alot with a bad divorce and the Mr. Rodney Keese and the POA Board, which caused my mental health to deteriorate and I was diagnosed with 2 different mental health disorders including depression and severe anxiety. 

– Moving on, in late 2020 I started a full time job where I was gone between 8am and maybe sometimes 9pm or later everyday. Well one day in July of 2021 I came home to a very nasty note on my door. No reason, it was just there. I found it strange because I was rarely at home. Well I had that next weekend after the note showed up, my mom came around 6:00pm to pick me up and carry me to the store. We get back around 7pm and another note is on my door. The next day, I do what I have been for the past 8 years on a Sunday and go to clean my bird cages out. The next thing I know Rodney Keesee’s parents pull in the parking lot (they live in Unit 7 of 5016 and his mother comes up to the balcony with her phone filming saying “it looks like sh*t to me”. Now Rodney’s parents have lived here since 2018 before Florence. They have never had any issues with me cleaning my cages etc and I am very respectful and always have been. All of sudden years later and no husband and here I am being harassed by the President of our POA’s mother. I alert the board and Mr. Keesee to please tell her to stop and everytime I come outside it was a new form of harassment. In September of 2021 my mom and I were on my balcony eating lunch and Rodney’s mother comes outside in the parking lot and stared up at me and my mom basically daring us to say something. That’s when I told my mom Ive been being harassed for no reason suddenly. I sent 2 cease and desist letters but she was relentless for a very long time. All up until I found out that when new people were moving into the complex Rodney’s mother and stepfather were going around defaming me to the new people who moved in. I was told this by a former homeowner who was told this exact thing. I emailed Rodney and told him that he needed to stop his parents from defaming and harassing me. This was around the same time Rodney was sitting up at Paul’s restaurant showing blackmail photos to whoever he could. 

Our last POA meeting was in April of 2021 meaning after a year goes by the board members and president are no longer in control of the POA. Mr. Rodney Keesee kept thinking so dipping his hands into our POA money as he deemed fit. Hiring people to do things which he can’t do, it is left up to the accounting firm to pay the bills until the POA forms again. Well that didn’t stop Mr. Rodney Keesee from attempting to use his power to harass me in March of this year. He went, dipped into the POA funds, hired an attorney on his own and sent a letter about putting a lien on my home. As soon as I got the letter I called the attorney and said that won’t be happening. I explained to her I am well versed in POA rules and laws and there was no board to vote on this and my right of due process was taken away. You see, going through my divorce the house and POA funds were held up in court proceedings as to who should pay them. I attempted several times to get the Board to do right and hold a meeting with me but they refused several times. Well they ignored things several times. I explained this to this attorney along with the fact that what Mr. Rodney Keesee had done was pretty much against the law, taking funds as he pleased to basically try to bully and scare me. She apparently had a talk with someone in POA law and realized I was right and that was the end of that. 

OTHER THINGS:

– When the building got repainted in the front I talked to the contractor who did it. Mr Keesee and Mr. Richard Lamb told them to paint everyone’s patio, deck and door frame but mine and when you look at it you can clearly see. I was lied to when I pointed it out saying “we had to hire our own”. 

– Mr. Keesee and Richad Lamb have harassed me non stop about my birds and Mr. Lamb has leaned over my balcony taking pictures to the point I had to get an outdoor camera to sit on my patio so he would mind his own business. I was happy when he sold his condo upstairs. I was never harassed about my birds until after my ex husband left nor up until 2022 where it heavily became their interest. Mr. Lamb owned his condo since 2019. Also the blackmail has worsened with Mr. Keesee. He pulls that out and uses it every chance he gets to defame me to people. All I ever asked any of them to do is fix my house. 

*NOTE: No one at any point and time asked me if I was doing ok, or asked if I needed help. They just harassed, threatened and were trying everything they could to be spiteful. 

– Mr. Keesee’s parents are allowed to wash their cars during business hours, drive a motorcycle in the parking lot occupying more than 2 of their allotted spaces, work on their cars. All of which aren’t allowed by POA rules

– In 2019 Mr Keesee took it upon himself to change the by-laws and not tell anyone. Also they must coordinate with the CCRs and NC Condo act. If they don’t then the CCRs or the Condo Act take precedence. 

WHAT IT COMES DOWN TO: 

– What this all comes down to is, I have been put through a lot because of one person so much so that if they get back on the board it’s going to be a constant attack on me again. It’s going to be a constant secret about our money, no monthly POA meetings for owners, and the Board making decisions without informing homeowners. 

– In addition I will be blamed for the current damage to the front of the 5016 structure which is actually on the POA to fix. You see they moved the rain gutter there and after the mini tropical storm we had in 2022 I sent an email saying this fell after the storm. Well due to random rain it has fallen and needs to be fixed. They had a guy come out to do some shotty repair work but then it quickly fell again. Because it is attached to my unit Mr. Rodney Keesee and Mr Lamb will blame it all on me and Mr. Rodney will break out his blackmail photos and say I need to repair the front of the condo. Nevermind I have emails and pictures proving the opposite. I shouldn’t have to document everything but I did because I know this is where they are going with it. If it was anywhere else, they would fix it. 

THIS IS NOT HOW IT SHOULD BE:

– What I have always wanted for us is to work together as a small POA community to help each other flourish and help in times of need. I have thought about community yard sale days or using our parking lot for local fundraisers such as the Adoption Days for Animal Protective services. Us having monthly meetings and everyone having input on what would make this place better and everyone getting along! Not only would it be beneficial to our mental well-being but if our POA runs correctly it can bring us a higher property value in the future. Also being able to repair and maintain things faster and there being open communication between everyone. That is what you hope for. 

Lets face it, another Florence may come through and things may happen but what we can do is get things fixed for everyone ASAP and not making it such a burden on each homeowner. We can also take votes to repair things or vote to help a homeowner in need (that includes business owners too!) all of that. We can’t do it if things continue on the path they are and I honestly can’t stand to be harassed any further. I am ready to move forward positively and hold no ill will towards Mr. Keesee and Mr. Lamb, I just want things to be ran properly and fairly. 

With that said I will attach a few things for ya’ll to review. I have held on to every piece of proof just so ya’ll know I am telling the truth about everything. If you have any questions please feel free to reach out to me and I look forward to meeting all of you officially on Saturday. 

Respectfully,

Heather

5016 Unit 5

Why did I do it? – The answer

I wanted to answer the silent question some of you may have. Why did I post what I did or why have I posted what I have over the past few days?

Stand up for what is right even if you stand alone

I have mentioned a few times in some of the recent blog posts or videos that I am a Domestic Violence survivor. One thing I’ve learned is that there is at least one other person out there going through the exact same thing if not similar thing you are. Standing up and doing something about it by no longer accepting that kind of behavior can show someone they can be brave enough to leave a situation they might be scared to.

Showing someone how you handle yourself against abusive behavior can help save their life or give them the courage to walk away without fear. Letting them see the aftermath of how the abuser reacts also is helpful. Letting them know that while it won’t be easy it will be worth it in the end.

Yes, all of us want our abuser or abusive person to “learn their lesson” but the truth is the majority of them won’t. They see no wrong in their actions and we will always be the bad person in their story. We will always be the person “that hurt them” but remember we aren’t the person that hurt them, we are the person who stood up and said your behavior is no longer acceptable to me I am walking away and am done. I will no longer be your punching bag, your scapegoat, or your person you cast blame on when you don’t want to get caught in your own lies.

Staying silent sometimes allows the pattern of abusive behavior to continue and worsen because they have gotten away with it for so long. Once they are exposed and their true colors shown in the light which is what they don’t want the world to see they become more aggressive in making you out to be the monster of their story. You know what, that’s ok. You’ll be ok, because your everyday character will speak for itself. You are the same with or without a video on. People can always tell.

I remember with my ex husband people could tell automatically he wasn’t the same person he pretended to be in front of everyone. I had pet sitting clients who didn’t want him in their homes and deep down I knew why but could never say anything.

In more recent events, the extra nice and flipping the on and off switch became too much for me to even sit and watch which is why most chose to talk with me but never really said why. In yesterday’s situation just from speaking with us and how we carried ourselves those in authority could see what was really going on before any such videos were posted.

What I hated the most about the recent situations is how friendships were destroyed and how I had to watch as they kept driving what a terrible person I was to the friend they separated me from, and me knowing the real truth the whole time. Plus how I had to degrade myself. I had made myself a promise after my abusive relationship I would never degrade myself for anyone and found myself doing that just to keep a job.

MORAL OF THE STORY: you share your story, you tell it. You tell it to release it, you tell it to help someone else. You share it because you can, you share it because you survived!

Narcissist Exposed: Financial Abuse in family court

Something may be sounding a bit familiar to you. My ex-husband’s name. Well you are correct. My ex-husband (Stephen Conrad) was the interim chief of Navassa PD during the Cinotti investigation in Navassa last year. Cinotti if you remember was the fake Navassa police officer who stopped to aid Leland PD and Brunswick EMS last year at a traffic stop. According to the DAs office Stephen Conrad wasn’t charged with any crimes because they couldn’t connect him with any “intent” to having given Cinotti those things or filling out officer paperwork. (insert big eye roll here) I guess they should have asked Conrad’s ex-wife about his intentions lol.

I guess Mr. Conrad is thinking since he got away with that he can get away with cheating on his ex-wife and having the house foreclose on her as well. Semper Fi Marine! You sure serve the phrase “Always Faithful” well! Guess you are going to tell the courts you had no “intentions” of having the house foreclose on your ex-wife either? Or how you didn’t intentionally mean to not pay your house payment for 3 years either?

You would think the Judicial system would not be playing favorites with you…but they are…

WELL IT ISN’T OVER YET, LETS SEE WITH THE BIAS ON BLAST IF WE CAN’T CHANGE THAT….

Stephen Ladd Conrad – why are you trying to get back at me for you cheating and leaving?

And Nickel Beachy – you don’t know me and have never met me…why are you helping him destroying my life based on what he has told you. You didn’t know what it was like in our marriage or our house, finances or anything else for that matter. You needed to have minded your own business and kept your legs and mouth shut. But since you didn’t, how about you be a woman for a minute and tell him to do right by me in stead of watching him destroy my life over stuff he and you both caused.

You can’t blame a person for how they reacted to your disrespect. Especially when you pushed them to a point they never asked to be.

MOTION FOR RECONSIDERATION: BASIS UNDUE BIAS

A motion to reconsider can be used when you believe the Judge did not consider or examine certain evidence or correctly apply the law.

AS IN MY CASE FOR INJUNCTIVE RELIEF AS A PRO SE LITIGANT.

“motion to reconsider”

  1. The Plaintiff had attempted to be heard on this matter once on June 5th 2023 but was ignored by the Judge. Then the Plaintiff asked for an injunction per the G.S. 50-20, per G.S. 1A-1 Rule 65 & Chapter 1 Article 37 and due to “certain words missing” in a motion was dismissed by the ex parte Judge stating that this matter should have been brought up in front of the Judge over the case. As stated it was but was dismissed. The Plaintiff STRONGLY suggests there is an undue bias towards the Plaintiff being Pro Se. 
  2. The Plaintiff emphatically contends the court is in violation of her constitutional rights, specifically Article 10 of the North Carolina Constitution Section 4 claiming her unequivocal right to her property as female in the state of North Carolina and DEMANDS the court to hear her matter without being interrupted. 
  3. The Plaintiff is under the impression the Judges are ignoring her emergent claims for help and dismissing them in order to help the Defendant when his case and/or “play favorites”. 
  4. The Plaintiff contends she has had to work harder than any Pro Se litigant has to even have a chance to be heard. The Plaintiff is sure no other Pro Se litigant has come in front of Judges this prepared with such motions and/or pleadings. 
  5. The Judges have been told over and over that the Plaintiff cannot wait until July 10th 2023, injunctive relief must come before June 24th 2023 and yet the Plaintiff has been ignored. This has helped aid the Defendant in his cause and is a direct violation of G.S. 1A-1 Rule 65 and Chapter 1 Article 37 and therefore it is the Plaintiff’s belief the Judges should be sanctioned for showing favoritism to one side only. 

6. The past 3 court appearances the Plaintiff has been unable to speak, not been able to give testimony, or show any evidence without being interrupted, or dismissed due to some type of wrong word. It’s been what the defendant wants he gets. Clear bias and walk over. Not acceptable and not right. 

  • References:
  • G.S. 50-20
  • G.S. Chapter 1 Article 37:
  • Article 37.
    • Injunction.
    • § 1-485. When preliminary injunction issued.
    • A preliminary injunction may be issued by order in accordance with the provisions of this
    • Article. The order may be made by any judge of the superior court or any judge of the district court
    • authorized to hear in-chambers matters in the following cases, and shall be issued by the clerk of the court in which the action is required to be tried:
    • (1) When it appears by the complaint that the plaintiff is entitled to the relief demanded, and this relief, or any part thereof, consists in restraining the commission or continuance of some act the commission or continuance of which, during the litigation, would produce injury to the plaintiff; or,
    • (2) When, during the litigation, it appears by affidavit that a party thereto is doing or threatens or is about to do, or is procuring or suffering some act to be done in violation of the rights of another party to the litigation respecting the subject of the action, and tending to render the judgment ineffectual; or,
    • (3) When, during the pendency of an action, it appears by affidavit of any person that the defendant threatens or is about to remove or dispose of his property, with intent to defraud the plaintiff. (C.C.P., ss. 188, 189; Code, ss. 334, 338;Rev., s. 806; C.S., s. 843; 1967, c. 954, s. 3; 1973, c. 66, s. 1.)
Question #3 – He thinks the loan for the house is fake and does not exist.

IF THEY WOULD HAVE LET ME SPEAK

EXPOSING THE TRUTH

HERE IS WHAT I WOULD HAVE SAID
(MY SPEECH EXACTLY)

INJUNCTION (FOR HOUSE)

SPECIAL PROVISIONS:  (Exhibit A)

Before we get started I have asked the court for special provisions and it will help lead me right into my first point.

  • I have what is known as Major Depressive Disorder (MDD) & general anxiety disorder.(Exhibit A ) Diagnosed by my physician of 6 years, my MDD stems from “years of spousal abuse and a contentious/stressful divorce with financial struggles”.
  • Major Depressive Disorder (MDD)  is an adjustment disorder. (Exhibit A )  It in no way makes me “crazy” as the defendant has once implied in an affidavit (Exhibit A). Symptoms of MDD include the following:
    • poor concentration, forgetting things, feeling confused, weight gain or weight loss, and wanting to sleep too much or get little sleep. (Exhibit A)

My provisions include having to stay on topic, not answer a lot of questions asked to get me sidetracked nor be interrupted. Outside of reading what I have written down, speaking to get a clear thought out is a large barrier that currently impedes my daily life now. This is why I have to plan out my thoughts and read them this way. It’s hard for me to answer questions without taking the time to think about them or be able to answer them in a way anyone can understand. A few years ago it wasn’t this way. Now it almost brings me to tears when I can’t find the words I need to say.

  • THIS WILL BE RESPECTED AND ACKNOWLEDGED as it was not the last time and today I am in a dire situation and it is my turn to speak. 

CASE LAW APPLIED: 

Having been through an adverse court appearance a week ago ,it seems case law needs to be provided in regards to this matter and myself being a pro se litigant. So directly….

  • From the Judicial Conduct Reporter, The West Virginia Supreme Court of Appeals in Blair v Maynard explained: Many decisions authorize judges to handle cases involving self-represented litigants differently. For Example: The fundamental tenet (beliefs) that the rules of procedure should work to do substantial justice, commands that judges strive to ensure that no person’s cause or defense is defeated solely by reason of their unfamiliarity with procedural or evidentiary rules. Cases should be decided on merits, and to that end, justice is served by reasonably accommodating all parties, whether represented by counsel or not. This “reasonable accommodation” is proposed upon protecting the meaningful exercise of a litigant’s constitutional rights of access to the courts.
  • Similarly, the Arizona Supreme Court argued the following in White v. Lewis, 804 P.2d 805 (Arizona 1990) in summary: Meaningful access requires some tolerance by courts toward litigants unrepresented by counsel. Pro se litigants are by no means exempt from the governing rules of procedure. But neither should courts allow those rules to operate as hidden, lethal traps for those unversed in law. This may require some degree of extra care and effort on the part of judges who already labor long, hard caseloads. But the alternative slams the courthouse door in the face of those who may be in greatest need of judicial relief, all for the sake of ease of administration. In this case, the judge’s “unduly rigid and formulaic (cut and dry) process” and his “overly technical and rigid approach” in dealing with pro se litigants in domestic violence injunction proceedings impeded their ability to obtain the relief and protection they sought and “penalized pro se petitioners for being unfamiliar with the judicial system”. 
  • In 2007 the aforementioned principles were reflected in a change made to the American Bar Association’s Model Code of Judicial Conduct – Rule 2.2 providing that “a judge shall uphold and apply the law, and shall perform all duties of judicial office fairly and impartially.” Newly added comment 4 to that rule adds a caveat: “It is not a violation of this Rule for a judge to make such reasonable accommodations to ensure pro se litigants the opportunity to have their matters heard fairly.” 

I said all that…..

To say last week I was not heard, though I have researched and studied, and am more competent than most when it comes to pleadings and motions and though procedurally I feel I was correct I was not able to be heard on what really mattered. I was interrupted, my mental health accommodations were not respected and to my detriment ended up having an anxiety attack and a complete breakdown which impeded me from being able to communicate in an effective way.  

THIS WILL NOT THE CASE TODAY:

Today I am here because in less than 8 days I will be homeless. There is a reason for that and I am here to rectify it. 

– Our marital property is owner financed. Financed until a very fast approaching mature date. If neither party can refinance the remaining $139,000 the house will go into foreclosure and we will have to find another place to live. 

– When Mr. Conrad left me for someone else (which I have AMPLE proof of) He thought he could ignore me, block me, cut me off with nothing and treat this like a bad break up. Being that I was 100% dependent on him at the time he chose to leave me, he told me while still a Sheriff’s Deputy with the County he would take care of me. However, after that he stopped making the house payments which are still in his name as of today. He hasn’t made a house payment since July 1st 2020. 

–  Though I have a sheet of paper from the tax office where Mr. Conrad specifically told them he would be conveying all interest and  a text message from July 1st 2020 from Mr. Conrad saying he left the house to me. He has still failed to sign over the marital property. 

SUBPOENA FROM TAX OFFICE:

 In March of this year I subpoenaed the Brunswick County Tax office after finding out Mr. Conrad had called around April of 2022 in order to stop his wages from being  garnished for the marital property. I received a statement made by Mr. Conrad to the tax office proving when it benefited Mr. Conrad, he will say I can have the house but in front of the court it is the opposite. The statement made was the following: 

“Phone number redacted Stephen Conrad – Property is in court for Equitable Distribution where Stephen Conrad will convey all interest to his ex-wife Heather Conrad (Kuykendall) He has requested the mailing address be changed back to the home address so that Heather Conrad will receive notifications for the property”

When Mr. Conrad called and made that statement about conveying interest to me; it did stop his wages from being garnished for a period of time. So he made this phone call intentionally in order to evade wage garnishment, or in legal terms to avoid paying taxes. As I am aware in the State of North Carolina lying to government office in order to evade taxes and/or wage garnishment falls under N.C.G.S. 105-236a(7) which states the following:  

“(7) Attempt to evade or Defeat Tax. – Any person who willfully attempts, or any person who aids or abets any person to attempt in any manner to evade or defeat a tax or its payment, shall, in addition to other penalties provided by law, be guilty of a Class H felony.”

  • In addition, if Mr. Conrad had not meant to say that statement; he would have simply called as he did in March of this year when my parents paid the Oak Island taxes to see if the Brunswick County taxes had been paid off as well. Another little piece of information I picked up from the same subpoena. 

In my opinion, Mr. Conrad should be charged & arrested or do as he told the government office and actually convey all interest to me. According to Mr. Conrad the reason why he hasn’t conveyed interest is because he doesn’t want to pay alimony. 

As explained to Mr. Conrad and his attorney several times there is no equity in our home due to the type of contract we have. It still has storm damage and mold, many things needing repairs and needs to be refinanced before foreclosure on June 24th 2023.

When Mr. Conrad stopped making payments in July of 2020 my family stepped in and I told them Mr. Conrad had promised me the house and as soon as we were able to get an attorney to draw up the papers, he would sign it over. Then in turn, I would sign it over to them where they can easily refinance the home. They began helping with repairs to the home and with general maintenance. Even in January of 2021 at the PSS hearing Mr. Conrad and his attorney yelled loudly “he doesn’t want the home”. Since my first attorney never drew up the order for that hearing, when it did finally come out, it was wrong and Mr. Conrad had decided he no longer wanted me to have a home. My parents were only making the house payment every 3 months. In September of 2021 and 3 times after the house almost went into foreclosure. We reached out to see if Mr. Conrad would start paying any bills. He and his attorney gave no response. What they did give was an offer that is against the Rule of Law where Equitable Distribution is separate from Alimony. They said “He will sign over the house if you dismiss the alimony claim.” I cannot do that. 

 Being that I was 100% dependent on my husband at the time he left. Plus, myself having given up my dreams in order for my husband to pursue his, my job history isn’t great, my credit is bad and being able to afford a house payment isn’t something I could do on my own. In spite of that, now I could do $139,000 refinanced with alimony. You can’t find rent for that price. you can’t find a house for that price either, and I live and work on Oak Island. With all of that, in addition, I never asked to be left by my husband who broke our marriage vows.

As my parents are considered investors they came along in July 2022 wanting to collect from Mr. Conrad because it had been long enough for him to do as he once promised. Consequently, they filed a $56,000 lawsuit in another county. Mr. Conrad thought he could ignore this and decided he was too far above the law to respond. 180 days later after being served his attorney found out about the lawsuit on the webex meeting around the end of Oct of 2022. She made her client acknowledge it and found him an attorney in Davidson County. Though Mr. Conrad was already, by law, in default according to Rule 55, he somehow escaped accountability yet again and has been able to ignore my parents and their lawsuit just like he has ignored his obligations to pay his house payment still. 

BUT WAIT THAT’S NOT ALL (HOA DUES):

At the end of March, early April of this year I received a letter from our HOA about back dues. It stated they were going to put a lien on the home for around $8,200. I contacted his attorney and she responded with “are you going to pay anything?” How am I expected to pay anything when I have nothing already, plus my parents have been keeping up his credit and paying his bills for the last 3 years. When was Mr. Conrad going to finally put something into the house he supposedly wants half of? It just proves that Mr. Conrad would rather let the house go into foreclosure and have a lien on it rather than do anything to preserve it in good faith. 

DEALS/CONCLUSIONS:

So in good faith I have been trying to reason with Mr. Conrad to help him understand that after June 24th 2023 there will be no home to negotiate. I have offered several things that benefit us both rather than just benefit him. 

  • The only debt we currently have right now is the house & our hoa dues. He owes me half of his 401k, PTO,sick leave which he cashed out in July of 2020 & our marital bank account of which he cut me off from at the same time. He did cheat of which he is very aware I still do have ample proof of and that’s what ended our marriage. 
  • I knew I did not have to give up any negotiation because of a clause in the owner financed contract which I tried to explain to the Defendant’s attorney having already checked with my parent’s attorney and our mortgage company, I made the offer of: 
    • Assuming the marital debt (the house and the hoa dues) which is $139,000 plus $8,200 & going up monthly. He signs the house so it doesn’t go into foreclosure and my parents are able to refinance it and he helps me get on my feet by paying alimony in the amount of $697 (which is what he is paying now) for one year.  
      • His response: No, he doesn’t want to pay alimony (or so he says). He offered, signing over the house, he keeps his 401k, doesn’t pay alimony & makes sure there is a clause that I “never speak to him again.” (SIDE NOTE) He got upset because he has ignored our divorce proceedings for 3 years and he is being contacted about things again. I don’t want to contact him, I don’t want anything to do with him. I just want him to take responsibility for his actions so we can all move on. 

 But, he would rather let the house foreclose where it would affect his credit and mine and he would still have to pay me alimony and half his 401k. 

  • As I have explained to the Defendant’s attorney right now there is no equity in the home, not the way the contract works and there hasn’t been throughout our whole marriage. There are repairs that need to take place in the home to bring it back up to standard liveable conditions. When Mr. Conrad left there was over $35,000 worth of Hurricane Florence Damages that needed to be repaired. In addition, there is still mold in the house, both AC units need to be replaced, a new dishwasher is needed because mine has not worked since 2018, so roughly around $15,000 in addition will need to be put into the home to even bring it back to “sellable” conditions. Again though it still is more beneficial to keep the home, refinance, repair it and be able to afford it rather than try to find a place to rent or buy, neither of which I can do at this point and time.
  • SO just to see what Mr. Conrad’s response would be, after I received the quit claim paperwork from the mortgage company I told his attorney I could quit claim the property over to Mr. Conrad right now. He would assume all the marital debt being the house & hoa, he would have to repair the home and sell it before June 24th 2023 otherwise he would have a foreclosure on his credit, still owe me alimony, half of his 401k, PTO, sick leave & marital bank account funds all while I walked away debt free with no responsibilities because this is how our contract works and the time limit we are on. Or he could take my aforementioned offer which is more beneficial to him since he already has a roof over his head and all I am asking is he continue to pay what he is now for another year and we go on about our lives and the answer was no. 

This proved there were ulterior motives and the rumors I have heard are true. It isn’t about the house for Mr. Conrad or paying me alimony, it is about making sure I end up homeless. He doesn’t even want the house or the supposed future money from the house  Plus here we are and the alimony claim will still be considered regardless because otherwise he would have settled outside of court or jumped on the idea of having the house and all that supposed “potential money” to himself. 

While I am not here for alimony I do not want to end up dependent on my parents. With the deal Mr. Conrad is wanting me to take, having done the math with the house payments and refinancing. My parents will be making the house payments for another 3 years in order to help me get on my feet. They are already going to be assuming our marital debt along with me in order to make sure I have a place to live. So that’s why at another date and time alimony will be an issue.If I receive alimony they won’t be paying my house payment.

This along with the contract clause is why I never thought of accepting Mr. Conrad’s deal. I know how I was left, I know what I was promised and I know what I need to be made whole. I am sick of hearing “you aren’t going to get both.” Why not? From what I have read, the LAW says I can. The proof I have of everything, says I can, if someone were to actually look through it. If a former law enforcement officer and prior Marine would take responsibility for his actions, I would be able to live moving forward. Instead I have been stifled, unable to speak, told it just doesn’t work like that here in this courthouse. It’s devastating and disheartening. I feel like I’ve stood in the middle of a crowded room screaming at the top of my lungs with all the proof in the world and no one hears me. 

What needs to happen is someone needs to take the time to look at the state of affairs of each case and apply the actual law to help those who have been greatly challenged by being left in circumstances they never asked for.

Cowering and accepting the bare minimum or settling for less than is needed is never ok. I did that, I spent the last 10 years of my life doing that and it landed me right here. I am no longer accepting broken rules, misinterpreted laws or unacceptable behavior. I am here today to get what I need. What I need according to the law is an injunction to save my home.

  1. Pursuant to G.S. 50-20 (11a)  Acts of either party to maintain, preserve, develop, or expand; or to waste, neglect, devalue or convert the marital property or divisible property, or both, during the period after separation of the parties and before the time of distribution.  I have, along with my parents, done the best I can to preserve & maintain the marital property including repairing to the best extent I could. Mr. Conrad has neglected paying for the marital property, has not cared or been alarmed if the property goes into foreclosure or has a lien therefore devaluing the property. He has not helped with any repairs or maintenance towards the property since July 1st of 2020. 
  2. Pursuant to G.S. 50-20 12(i) Upon filing an action or motion in the cause requesting an equitable distribution or alleging that an equitable distribution will be requested when it is timely to do so, a party may seek injunctive relief pursuant to G.S. 1A-1, Rule 65 and Chapter 1, Article 37, to prevent the disappearance, waste or conversion of property alleged to be marital property, divisible property, or separate property of the party seeking relief. I have filed for injunctive relief pursuant to this Rule to prevent the disappearance, waste or conversion of property alleged to be marital property and am seeking relief. Which at this point the only thing to do is to have the defendant sign it over so it can be refinanced so I have a place to live. There is no time to do anything else but that. The defendant was aware there was a time limit on this contract.
  3. Leaning very heavily Pursuant to G.S. Chapter 1 Article 37 (Injunction) under 1-485 (3) which states the following: (3) When, during the pendency of an action, it appears by affidavit of any person that the defendant threatens or is about to remove or dispose of his property, with intent to defraud the plaintiff. The word “defraud” according to Black’s Law Dictionary by definition means, To practice fraud; to cheat or trick; to deprive a person of property or any interest, estate, or right by fraud, deceit, or a clever strategy usually intended to deceive. It is Mr. Conrad’s intention to make sure I end up homeless rather than make any type of deal that will ensure a positive future for us both. He is adamant on making sure the home goes into foreclosure therefore hurting us both financially for the next 7 years.
  4. Pursuant to G.S. 50-20 (f)  The court shall provide for an equitable distribution without regard to alimony for either party or support of the children of both parties…Like I have been saying all along the law states ED is separate from alimony and because we are here regardless there will still be an alimony claim now.
  5. Next the Plaintiff requests the court take into consideration G.S. 50-20(e): (e)   Subject to the presumption of subsection (c) of this section that an equal division is equitable, it shall be presumed in every action that an in-kind distribution of marital or divisible property is equitable. At least 3 times over the past 3 years Mr. Conrad made statements “in-kind”,meaning by legal definition dividing other than by money, the marital property to me. Once in July of 2020, via text message, when he said he left the property to me he hasn’t been there in months. The second time in January of 2021 at the PSS hearing when he yelled loudly with his attorney “he doesn’t want the house” & again when he called up to the tax office around April 11th of 2022 conveying all interest to me which was documented by a tax official. 
  6. And lastly, you know those old  laws you hear about that are still legal because they haven’t been amended and still completely valid. Well I happened to be reading over the North Carolina Constitution and as it is the document which governs North Carolina first, there is a law in there about women’s rights. I read it carefully at least 10 times and it was adopted around the time women were allowed to have the right to vote. It also gave us rights to property. As old as it may be, it is still a valid law in the State of North Carolina. It is:

Article 10 of the North Carolina Constitution

Sec. 4.  Property of married women secured to them.

The real and personal property of any female in this State acquired before marriage, and all property, real and personal, to which she may, after marriage, become in any manner entitled, shall be and remain the sole and separate estate and property of such female, and shall not be liable for any debts, obligations, or engagements of her husband, and may be devised and bequeathed and conveyed by her, subject to such regulations and limitations as the General Assembly may prescribe. 

Such case law to back this up comes from the Supreme Court of North Carolina Dated March 11th 2022 M.E. v  T.J. In Summary: In M.E., the Court determined the plaintiff properly preserved her right to appeal because she raised the issue and obtained a ruling on her claim regarding the constitutionality of relief in a Chapter 50B Case. 

THE FOLLOWING WOULD HAVE BEEN MY CLOSING STATMENT:

CLOSING STATEMENT:

It has come to the point for me of near homelessness, near irreparable mental issues and financial peril. The actual law was never meant to make sure someone in my situation ends up homeless from being  financially abused.

I want to hop on my soapbox for a minute and ask without a show of hands those sitting in the courtroom who fought or still might be fighting for this following statement as it will pertain similarly to an oath you may have once sworn: 

We, the people of the State of North Carolina, grateful to Almighty God, the Sovereign Ruler of Nations, for the preservation of the American Union and the existence of our civil, political and religious liberties, and acknowledging our dependence upon Him for the continuance of those blessings to us and our posterity, do, for the more certain security thereof and for the better government of this State, ordain and establish this Constitution.

 That the great, general, and essential principles of liberty and free government may be recognized and established, and that the relations of this State to the Union and government of the United States and those of the people of this State to the rest of the American people may be defined and affirmed, we do declare that:

– We hold it to be self-evident that all persons are created equal; that they are endowed by their Creator with certain inalienable rights; that among these are life, liberty, the enjoyment of the fruits of their own labor, and the pursuit of happiness.

I quoted the aforementioned to say this, I once stood by a man who took a similar oath to this. I kept our household, I stayed loyal when he was away and when he made the decision to leave the service to go from one seemingly selfless service to another I supported him as a wife should. I never imagined I’d be sitting here fighting that same man for the rights to have a roof over my head. All I have ever asked from him is that he take responsibility for his actions and allow me to have happiness in my life again. Instead I have had to take every course of legal action against him in order to make sure I could have the very liberties he fought for. 

Over the past 3 years my family has put over $34,092 into the home him and I once shared. He has put nothing. They have made home repairs, paid taxes minus what was forcibly being garnished from his wages which was very little. My family is willing to put another $162,000 into the home in order to insure that I have a roof over my head. That money is marital debt that the Defendant, a man who dually swore to serve and protect and to remain always faithful, has abandoned. I think my family has more than proven we deserve to enjoy the fruits of our labor. 

In addition I believe our forefathers saw the issues we would face as women down the road of being tossed out on the street by men in order to hurt us for some malicious reason which is why Article 10 Section 4 of the North Carolina Constitution was never amended. As a woman I am thankful for that. I hope I have more than proven my case here today in order to be allowed by the court and by our Constitution to be granted this Injunction to save my house. And also hoping that from here on out the once hero of my story who swore to protect me doesn’t continue to act like the villain who destroys my life instead.

Slander vs. Libel: Know the difference

Let’s get a few things clear about the terms “slander” vs. “libel”. Know the difference, so you can not only learn something but you can actually keep yourself from looking completely uneducated on social media.

Internet Troll: See the internet troll? The internet troll is ugly, the internet troll looks silly, the internet troll types stupid phrases. Don’t be like the internet troll, it’s not a good reflection to see.

It has become more than clear half of the trolls on the internet who like to bully and intimidate you have absolutely no clue what the true definition of “slander” or “libel”. So, let’s help clear that up for them, so the next time they wish to throw those terms around online you can spot those nasty trolls and make them go crawl back under the bridge where they came from.

Slander and Libel are defined as 2 types of “defamation”, Didn’t know that did you?

Following up from last article on social media drama, I lightly touched on this subject. Without going into too much detail, because it wasn’t the subject of the blog, slander and libel are 2 types of “defamation of character” claims people can make in a civil lawsuit when they feel someone has done irreparable harm to one’s character. When someone online gets offended their go to phrase is usually “you just slandered and defamed my character”. This phrase is ridiculous because you can’t “slander” anyone on an online forum. This is how you know they are just trying to throw those words around to intimidate you. Want to know why? Well here we go….

This is why you can’t slander anyone online

I mentioned there were 2 forms of “defamation” one of them being “slander” the other being “libel”. You cannot slander anyone online because by definition slander is spoken words meant to defame one’s character, where as libel is written words meaning to do the same. Shocking to learn right? Well now the other thing is before you decide to go running around using your new word “libel” online to make everyone think you know what you’re talking about, you need to understand how to correctly identify when someone is actually guilty of “libel” online.

slander. (noun) – untruthful spoken attack on someone’s reputation. It is also important to note you can’t ‘slander & defame someone’. However you can defame someone by slandering them.

BUT FIRST WE LEARN ABOUT SLANDER

You have to learn how to correctly identify when someone slanders you. This can be done quite easily when speaking about someone to someone else. Here’s how:
– First, you MUST be physically speaking to someone else other than the party you are talking about in person, on the phone or over a video feed.
– Second, slander is a VERBAL or ORAL statement that IS NOT true about a 3rd party that is meant to harm their character in such a way that makes others think badly about them. It is also a statement that can be proven false. That’s why you see in the news media them using the word “allegedly” . The news gets their information from a person or persons who may be bias and there isn’t proof of the claim. You can use the word allegedly like the news media to cover yourself when talking about someone or passing along information from another party because you have no actual hard proof. So now you know.
– Third, it can be witnessed by over hearing, video or voice recording.

Slander: Spoken words to another person or group of people

Now let’s look at some examples of “slander”
Keep in mind this is when someone is talking to someone else
NOT ONLINE or via text message.

Example 1: Someone, verbally to another person or persons, makes the statement “This person (meaning using their name) is a drug dealer”
* What makes this statement false: If there is no actual proof of them being a drug dealer then this is a slanderous statement meaning to defame the character and integrity of the person of whom this statement was directed towards. You could change the wording of the statement by saying “This person allegedly is a drug dealer based on them being arrested for it”. Since they have not been convicted of it or there is no actual proof you or the media saying “allegedly” is perfectly fine.
* What would make this statement true: If you could absolutely prove this person has sold drugs, been arrested and convicted of drug dealing. Keep in mind just because someone is arrested for it doesn’t make it true until they have been convicted of it.
Example 2: Using a different kind of statement: A person calls, over the phone, another person and says the phrases: “This person doesn’t take showers”,”they do not keep their house clean”, “they are also a douche bag”.
-* The caller’s intention was to make the recipient of the call believe the person of whom they were speaking about was an awful, physically nasty person, therefore demeaning that person’s character.
* What would make this caller’s verbal statement true is if the caller could prove the person didn’t take showers, their house wasn’t clean and they were in fact a douche bag.
* What would make this caller’s verbal statement false is if the person being spoken about could in fact prove the opposite.
-* It is important to note in a court setting it is up to the defendant to prove they didn’t slander the other person by proving their statements to be true. It is the job of the plaintiff to provide witness or witness statements that the statement and/or phone call took place.

IN ORDER TO PROVE SLANDER YOU MUST HAVE THE FOLLOWING:

  • A written statement of the happenings by a party or parties who were there when the person accused of slander was doing the slandering (if that makes any sense)
  • A video or voice recording of the person saying the slanderous statement
  • Or a witness or witnesses show up to testify to hearing the slanderous statement.

Then there are those who will make the statement, “you slandered and defamed my character”. This should ring the bells to you this person has no clue what in the world they are talking about. In this situation you just walk away or if it’s online you just remove yourself from their rant. Like I stated before slander is one of 2 types of defamation. So to correct this very ill educated statement what it should say is, “you defamed my character by that slanderous statement”.

Now it’s cleared up what “Slander” actually is we will move along to “Libel”

Libel: as it pertains to social media, news articles, written blog posts, news paper article & other forms of written communication

Libel by definition is any written statement that is false that is meant to defame someone’s character or ruin their reputation. This is why you cannot “slander” anyone online.

Wait, isn’t the media constantly gulity of libel?

Surprisingly, no the media is careful about it by using the words “allegedly” and gathering several sources which state similar things. The media, in written articles, are careful to say “several sources allege” (citing or not citing those sources) just to ensure should the “source’s” facts turn out to be untrue the media who published it will not be open to a libel lawsuit.

Sources of media where “libel” is possible include:

  • News Media online articles from ANY news outlet
  • Newspapers and online newspaper articles
  • Magazines
  • Any and all social media: ex. Facebook, Instagram, Reddit, Snapchat, dating sites etc
  • Blogs
It is important to note here: Public Figures are less protected than the average, everyday person

TRUTH IS ALWAYS A DEFENSE TO ANY “LIBEL” CLAIM

In everyday life people tend to get carried away on social media and play the part of a “keyboard hero” or “keyboard bully”. They will straight up type anything and everything against a person of whom they have “beef” with. Not only is this childish but if done to the wrong person the keyboard bully or “internet troll” will find themselves getting served with a big fat lawsuit.

Blogs tend to be subject to “libel” a lot now

Personal Blogs tend to be subject to “libel” lawsuit threats

Much like this forum because blogs are now made easily accessible through social media, it is easy to set up one and share what is going on in one’s personal life. Easily enough when the person behind the blog has something happen to them and they begin to blog about it and along come the nosy little internet trolls here comes the use of the phrase this person made “defamatory statements” against me for the world to see.
Personally, as someone who has a blog (you’re reading it) I am very careful as to know what to publish. Some of my blogs are written like news articles however I don’t use the words “allegedly”. Why, you ask? Because “truth is an absolute defense”. Most of what you will find here uses an organization’s name. The organization’s name could have very well been used if the media picked up on the story like other organizations that have done similar things have.
In the instances where I have named the organization or been more specific, I have also included proof the events which have happened and the correlating evidences to support what is stated. What I didn’t do is use defamatory words such calling them names to which would be defamation.
What I mean by the last statement is I told the truth in accordance with the events that took place and in which case proof can be furnished as to back the events. So while yes, the blog is out there for the world to see should it ever come under fire truth will be the defense. Also, any “libel” claims made against it won’t have any clout because there was “no name calling”.

WHAT DOES THE COURT LOOK FOR?

In most cases courts look for absolutely harmful, untrue written statements that are meant to defame someone and hurt their reputation.
* FOR EXAMPLE: If I were to comment on someone’s Facebook post calling them a “douche”, “idiot” or “dirty human being” then proceed to my blog saying said person was “idiot”, “a ______ (insert cuss word here), or the “biggest douche bag I have ever saw” using that person’s name/picture or video. Then that person furnishes a copy of the blog to a lawyer or as proof of “libel” defamation in a civil lawsuit, it would be up to me to furnish proof that the plaintiff was in fact a “douche”, an “idiot” and a “dirty human being”. It would be safe to say I couldn’t provide any proof to back those statements.
* However, if I blog about a series of events which took place explaining what an individual or group of people did and can in fact prove those series of events happened, it is not a defamatory nor subject as “libel”. It is me explaining what happened based on some personal encounter or circumstance. See the difference?

Are things a little bit more clear?

Now that you know the difference

The next time someone says, “you’ve just slandered me online”. Just leave them be and move along. Besides, if we all acted like adults there would be no reason to even have to explain these types of things.

My Flocking Life Disclaimer:
  • This blog is not written by a legal professional. The opinions and outlooks are from the personal experiences of the My Flocking Life Author. It is always best to seek the advice of a legal professional should you have questions pertaining to the issues mentioned in this blog.

Social Media Drama: The Anatomy of a problem and how to find the solution

Social media drama has grown into a large problem causing anxiety and fear of relentlessly being bullied for sharing your thoughts online. You think you take precautions by only sharing your tweets, stories, posts and snaps with people you know but even then sometimes it isn’t enough. Now, it has become a day and age of screenshots and shows leading to further drama should people share it with others. During a social media battle on a controversial post once it gets to the point of people busting CAPS LOCKS on each other you’ll see them throwing around the words, “slander” “defamation” and the phrase “I’m screenshotting this and taking this to my lawyer” in attempts to intimidate the other person to hopefully back them down from responding. It really is getting a bit out of hand and thus bringing attention to it might help us get a view from the outside we might have not thought about. Maybe if we as individuals start to do things a bit differently social media in the future can get just a little more enjoyable.

Facebook notifications: Do you ever comment on something controversial and your heart drops when you start seeing notifications pop up?

It has taken me a day or two to collect my thoughts from a situation I had happen to me on Facebook recently. I took a step back and fully thought about the situation as a whole and so I decided to share with you what happened to make me write this article. Bear with me through the details it all comes to a pretty good point.

It all started with a video posted on Facebook ……

BUT First let me take you a simpler time when Facebook was young and only for college students, the year was 2004 and Facebook was born.

Facebook was founded by a college student in their dorm room for other college students to connect with other college students from around the country. I joined Facebook in 2006 when you had to use your college email address and password to even be allowed to create one. The format was simple, the connections to other college students were easier and it helped you get to know how many people you went to school with and who they were. There were no timelines or “like” pages, no ads, no memes and your Facebook feed was called your “wall”. There wasn’t even a Facebook App yet for your phone. You could create groups within your college only and you didn’t have to worry about someone from somewhere else joining a group and seemly throwing off your Facebook group groove. We could log into our laptops or computers in the library and carry on conversations with someone sitting in the same room as us or in another building on campus. There wasn’t drama and no one attacked each other, boy those were the days. I don’t even think I blocked my first person until after the founder of Facebook opened it up to the general public.

Flash forward to Facebook in 2019 and……..

Now I am genuinely afraid to post my opinion or share anything in a Facebook group, let alone on any “like” pages because within a matter of minutes here come the Facebook trolls who pick fights with you when their opinion differs from yours and in our human nature after being insulted we engage and get sucked into the drama of fighting with an individual who we might or might not know.

Imagine for a minute if we treated people ‘IRL’ like we do on social media….

Essentially in real life some of you would look like this based on how you attack people online

Would you walk around hearing people’s conversations with others and then stop to comment as if you were replying under their statement on a Facebook status? More than likely you wouldn’t, you would form your own opinion in your head about what you heard and keep on walking because who needs to start drama like that for no reason, right? Perhaps, let’s apply this principle on social media and start a resolution to the social media drama problem.

So what happened to make me want to share these thoughts of wisdom? Well, here we go……

Let’s keep this in mind while reading the following

Over the past week or so on social media I have seen several individuals as well as news media outlets post videos of police officers doing traffic stops but failing to post the whole video or give all the valid information. The majority of the time once the whole video is released or someone decides to look up public record charges the individual was charged with it all starts to make sense to people not all police officers are bad people and the people, along with the media, only want to show you what they want you to perceive. Having seen several instances like this lately, I posted the below status on Facebook. It was to my FRIENDS ONLY (as you see) on my own private Facebook page.

Notice the post isn’t public, no names or any such directive

Subsequently, a person who I was friends with on Facebook the night before posted their interaction with a local law enforcement officer and cut the video off a minute or so into it giving the impression they were ‘being harassed’ by police like always. It is absolutely their right to post whatever they feel on THEIR personal Facebook page. Though, it was something I disagreed with and them basically bashing law enforcement its not my place to hop on their Facebook post and start unnecessary drama when it is obvious we have a difference of opinion on this subject. Now being I had been seeing stuff all over Facebook for days it is my right to have my own opinion about a controversial subject in the media these days, so I posted the above status message, not publically, not in a group or on a ‘like’ page or under anyone’s post, it was on my own private Facebook page to FRIENDS ONLY. Within a matter of minutes after posting it the individual whom posted their video the night before felt it was directed at them and only them.They laughed at the status and decided to unfriend me. I found this a very adult and mature thing to do. They didn’t know I had been seeing situations similar to this for the past week but because they weren’t trying to cause drama by jumping on my personal Facebook they just unfriended me and moved on. Whether or not they went on to bash me on their personal Facebook page after, if they didn’t make it public and they kept it on their page, then that’s on them but with this particular post they handled it in a very mature way and done what most people should when they feel they don’t want to see something anymore. Hang on though because the story doesn’t end here.
Of course I had some people comment, they didn’t ask me who it was directed towards but gave their opinions on the subject of filming officers and moved on. The general consensus was they should be able to film officers which is 100% true however like I stated if you’re going to film interactions, film and post the whole thing because the whole story can always be found out by public records of court dates and charges. Now it is pertinent to mention a few of those friends were friends with the person who earlier unfriended me because of the drama which ensues 11 hours later.

11 hours later a person comes on the post stating their rather forceful opinion. I knew what they were trying to imply because they had shared the person’s video the night before referring to the law enforcement officer in the video as a “Douche Hose” or something along those lines. Anyways, I agreed with what they commented on my status but like I had mentioned in other comments they should post the whole video, mention the reasons why they were stopped etc and not to cut off the video after the officer says “hang on I’ll be right back”.
The person shot back at me stating it was about the officer’s ringtone, referring to the other person’s video in which they shared. I agreed with the ringtone being unprofessional but regardless we didn’t know the reason for the stop. I brought up some generic statements for reasons for a traffic stop, pills (drugs, i.e the cops had suspicion of it), driving without license, bad tags, no insurance. Well that was a mistake because the next thing I know here I am engaged in Facebook drama. The person took this as me specifically talking about that person which was not the case at all but to them it was reason enough to go on and on in a Facebook rage. They came back with the most ridiculous statement of “I have a copy of their valid driver’s license, their valid registration and their insurance and I’ve seen the whole video”. Citing, they know this, that and the third and my statement about that individual was slander. At this point, I just commented back saying ok I was making a generic statement and as far as everything else we should agree to disagree further letting them know this is getting really out of hand. Well that infuriated them more, they then come back and said “Yes we will agree to disagree, but I am not going to stop because you’re dragging a good man’s name through the mud.” I thought wow really? I then posted the following to the individual.

But wait folks because there is more….

I realized at this point the person was going to keep making this about the other individual’s video and make it seem as my original post was somehow attacking them personally. So I decided because I had to post this it was time to just unfriend them to get them to stop. After all this was on my personal Facebook page and a friends only post and this situation was getting too far out of hand.
AND….. like I said but wait there is more. Before I knew it the person who ever so maturely unfriended me earlier in the day was in my DMs with the complete video. They had apparently been sent screen shots and the person who sent them made it seem as if I was saying they did pills and didn’t have a valid driver’s license, insurance or registration. I was able to explain to them look this is not how it was meant and I am sorry if you think that but it was not the case. So again, hats off to the person for directly addressing something like an adult. However, had the 3rd party never ranted on and then screenshot the feed, then proceeded to that person making them think I was saying something I wasn’t, none of this unnecessary drama would have even happened.

To sum up the drama surrounding the aforementioned video, a deputy did review the particular video and they made the comment while the ringtone of the Officer was inappropriate nothing about the traffic stop violated anyone’s constitutional rights, nor did the officer shining his light around have anything to do with trying to block a video from being record. The Deputy mentioned the reason for the stop was valid because even they stop cars for the same reason. The deputy addressed the issue of the officer shining the flashlight around. They said the officer was looking around the visible area for weapons, other individuals, or anything illegal in the vehicle as they do with every traffic stop that takes place at night. The reason the officer shined his light in the direction of the phone was to see what it was because it was dark. The Deputy did say in order to violate rights of recording, the person recording has to be media to make that claim under freedom of press. While it is perfectly fine for anyone to record law enforcement if they shine a light at the camera regardless for how long it won’t violate any regular (non-media) person’s rights. The Deputy then goes on to address a comment made about violation of rights under the 1st amendment of the Constitution. The 1st amendment is Freedom of Speech, no one’s freedom of speech was violated either and it absolutely has nothing to do with video recordings. This just goes to show should you ever have any problems with how something is done, take it to the proper people to help you understand it instead of getting 2nd hand information from people “who think they know” or as we like to call them “Facebook lawyers”.
Furthermore, regarding the accusations made against me of slander & defamation, you have to specify a person and then say something which isn’t true that demeans their character. None of what I stated was talking about anyone in particular. However, in this case sharing a public video of a law enforcement officer, specifying the officer as local law enforcement and saying “he is a douche” this actually is written proof of defamation meaning to imply that word directly to the officer’s character. Should the Officer decide to file a lawsuit, the person making this statement would have to prove in court the Officer is in fact “a douche” or otherwise suffer the consequences of the outcome.

Keeping the big picture in focus, this whole situation never even had to happen. The party, who shared the video and who commented on my private status, starting the whole drama could have done what I did when I saw their shared post the night before, read it, rolled their eyes and kept scrolling or heck, just unfriend me like the other person did. No one else who was friends with the person who posted the video felt the need to screen shot anything and cause unnecessary drama but in this case it took just one person to carry things too far and boom, drama.

So what’s your point?

Now having shared with you my specific situation, you see how it was absolutely unnecessary since it wasn’t posted at anyone directly, on any type of public forum or blasted out everywhere on social media. Do you know how often I see things posted on my friend’s Facebook walls I disagree with? Its every time I scroll through, but if I went arguing my opinion on every post I disagreed with I’d constantly be causing drama, living in it and have no friends.

So how do we solve this problem?

There are plenty of things you can do. You can keep on scrolling past what you disagree with, you can unfriend, unfollow and/or block those people and move on with your life, that simple. Even if something is posted on a ‘like’ page or in a group, don’t comment or if you do comment state your opinion and move on. Don’t be a comment troll going through commenting on everyone’s reply you disagree with. It is obvious in today’s society everyone has different opinions and no two people have the exact same view, maybe similar sometimes, but not exactly. So, why purposely pick a fight?

In order to make social media a better place stop attacking people, stop causing drama, stop threatening people, stop twisting people’s words to use for your own selfish benefits. Take social media back to what it was created for, a way to connect with others and keep up with your loved ones who live far away.

Be part of the solution, not part of the problem.

And as our mamas and teachers use to always tell us, if you can’t say something nice, don’t say it at all!

Long Bay Commons POA Hurricane Florence Insurance Payout Financial Records

What if we told you Long Bay Commons had the excess in funds to pay for our unit’s damages all along? Well in this article we show you exactly that. The only question left is why they chose not to fix it back then?

Insurance Payout Recap done on Excel Spreadsheet by Board Member Gina McNeil in early 2019.
Current Board members highlighted. Current President of the Association Rodney Keesee voted on and elected on March 2nd 2019.

Despite there being several errors on this we are going to focus on the important information. As mentioned previously in our first article our unit was grossly under estimated by the insurance adjustment firm John’s Eastern and Champion Claims. What happened was the adjustment firm Champion Claim came to our unit and despite being shown all of the damage only the damage from our lower level living room ceiling and oddly our damage from July of 2018 was included on the Hurricane Florence adjustment sheet. It wasn’t until Deluxe Roofing came in our unit in March of 2019 did we find out our bedroom, the room with the most damaged, had been left off completely. This is why you see our damages only being $1,564.35 on the picture above.
When the adjuster came on October 2nd 2018, we showed him all the damage from Hurricane Florence. He attempted to ask about our spare room (upstairs back bedroom) in which we told him that damage was from July of 2018 and had already been turned down by the insurance company, Johnson & Johnson, for “failure to maintain the roof” since the roof had no maintence EVER since these condos were built in 2006. He then ignored the back bedroom, took pictures of our main bedroom (the room with the most damage) and the ceiling downstairs yet still the majority of our Hurricane Florence related damage was not included on the adjustment. This leading to a lot of our current problems.

With that being said, here is why Long Bay Commons had the money all along to fully restore our unit.

Being our damage from July of 2018 was included on the insurance payout, it means Long Bay Commons was paid to restore it. The additional damage that was left off of the adjustment needed to be added and subsequently ‘supplemented’ to the insurance company once the error was found. When Deluxe Roofing found the error they noted and then provided a supplement sheet to the Board of Directors. The owner of Deluxe Roofing gave the insurance supplement sheet for now close to $20,000 in damages to Board Member Jason Harrell. Our supplement never made it to the insurance company despite everyone else’s supplements making it. Where ours went? The world may never know.

Either way Long Bay Commons had the insurance funds to pay for the $18,435.65 difference to restore our unit fully. The reason being, in November of 2018 the Board of Directors at the time voted and decided to replace all 3 roofs on the 3 condominium buildings 5008, 5016 & 5022 E Oak Island Dr. They paid $28,311.66 to Deluxe Roofing in November of 2018 out of the common fund which was fine because it was something that needed to have been done already (ex. July 2018). When Long Bay Commons received the insurance payout from Johnson & Johnson the total money given for the roofs to be repaired was $47,575.06, leaving a profit of $19,263.40 from just the roof. This is before any supplements or repairs started as noted in the above ‘insurance recap’.

Additional Profits before repairs

Shows “bank records” for money paid for siding.

Money received from the insurance company for repair to the siding on all 3 buildings was $45,205.19. (shown circled in insurance recap photo) As shown here on 2/13/2019 Long Bay Commons paid Deluxe Roofing $29,775.00 to repair the siding leaving a profit difference of $15,430.19. Adding the profit from both the roof and siding left a hefty profit of $34,694.09 in insurance proceeds before any repairs started.

Ask yourself this question, Why couldn’t the Board of Directors just go ahead and pay Deluxe Roofing to do the repairs to our unit knowing our health concerns back in March of 2019? They would rather take care of making sure a Board member doesn’t get fined by the Town of Oak Island for exposed siding rather than helping us. Please note, in the below emails between the Board members at the time, you will notice a prompt response from Board Members Jason Harrell and the President John Clift (President of the association at the time of this email). They wanted to quickly address the issue for Board Member Kelly but did not want to address the issue of us living with mold after Hurricane Florence despite having more than enough insurance money.
Lastly, now because they still refuse to repair our unit we now have in excess of $36,000 in damages. As for any insurance money left, what have they done? Well almost all of it is gone and all we can say right now is we think we have found where $12,000 disappeared to as mentioned in our update.

Exposed siding on 5008 building. Board member Kelly’s side of her condo.
Letter from Town of Oak Island received by Board Member Kelly
Unsafe building code ordinance included in letter to Board member Kelly
Seems 5016 now meets this “unsafe building code” with there being confirmed toxic molds
Notice the times of the emails Board member Kelly sent her emails and the time of the responses. Also, look at where Board Member Jason Harrell says, “Let’s move on this”
At this time any emails we sent the board members went unanswered.
Response from President of Long Bay Commons Property Owners Association at the time, John Clift
(note the date and time)

Stephen Conrad was a Board Member at the time which was why he was included in these emails. Stephen voiced his opinions and concerns several times and all went ignored.

These emails & other information is public record in case file number 19-CVS-400 located at the Brunswick County Courthouse in Bolivia North Carolina.

BYLAWS,CCRS & NC G.S. 47C
AND LINKS TO OUR OTHER ARTICLES

LONG BAY COMMONS CCRs Article 21, Section 21.1 notice the word “promptly”. They have a duty to restore promptly.
Long Bay Commons CCRs Section 4.5 Damage Resulting from Negligence
Ex. our damage from July of 2018 when John Clift was President and made aware of it
Long Bay Commons Bylaws. Just going to leave this one here.
NC G.S. 47c-3-107(c) speaks for itself
G.S. 47c-3-113(h) how the money was supposed to be distributed

Other Articles:

Article 1 : https://myflockinglife.com/2019/08/28/veteran-and-his-family-still-living-with-36000-in-hurricane-florence-damage-poa-refuses-to-pay-despite-family-living-with-2-toxic-molds/

Article 2: Update – https://myflockinglife.com/2019/10/25/update-veteran-family-vs-long-bay-commons-poa-oak-island-nc/

UPDATE: VETERAN & FAMILY VS LONG BAY COMMONS POA, OAK ISLAND NC

The Long Bay Commons Property Owners Association Board of Directors are at it again prolonging repairs to the Conrad’s unit, just as it seemed there was some headway being made. Large amounts of insurance money has disappeared within 2 months time and now based on the letter and special voting ballot recently received by the Conrads, it seems the Long Bay Commons Board of Directors are not only trying to dismiss their responsibilities & liabilities by voting against state law but they are playing a “victim” role to the rest of their association.

What exactly has happened since the Conrad’s published their article in late August of 2019? Well here is the update.

We will start back in early August of 2019 after the Conrad’s turned in all necessary paperwork, including a very detailed list of the $36,000 in damages done by a professional adjuster and the toxic mold test to the Long Bay Commons POA defense attorney. The defense attorney asked for time as they were in trial on another case they were handling for another client. Despite the North Carolina State Bar Rule 1.3 [1][2] of Professional Conduct & Ethics the Conrad’s attorneys gave the defense attorney that courteous to have time to review the paperwork. After being out of trial for more than 2 weeks and no response as of August 28th 2019 the Conrad’s went public with their article and shared their story in hopes it would help move things along. In turn members of the POA began attacking the Conrads including the Conrad’s downstairs neighbor of 4 years whom felt it necessary all of a sudden to call Mr. Conrad’s job making up fabrications that brought county law enforcement to the Conrad’s front door and to receive numerous phone calls from county law enforcement officials outside of the local jurisdiction who should have been called had the complaints actually been factual.
*Note: Mr. Conrad is a law enforcement officer for the county of which the Conrad’s reside in.
Mr. Conrad’s place of employment has been well aware of the matters at hand and after 4 attempts to get Mr. Conrad fired from his place of employment the matter was resolved and the phone calls to county law enforcement stopped.

The next attack being a Board Member’s wife jumping all over people who shared the Conrad’s article on Facebook making claims of the Conrad’s article being “fake news” & ‘the court told the Conrad’s to stop’ after she finally saw the article 2 weeks after it was posted publically online. The Conrad’s only court date before the voluntary dismissal to try to handle things with attorneys outside of court was 5/13/2019 many months before the first article. She also claimed she had printed the article out and was going to show it to their lawyers, like it was supposed to scare the Conrads and those sharing it. After several needless, silly attempts of internet bullying she was reminded by the Conrads had the courts asked them to stop they would have done so because of Mr. Conrad’s job & no individuals names had been used, however she was drawing attention to her husband being one of the board members. The Conrads reminded her if it was her family and children in the same situation what extent would she go through to reach a resolve?

The article was no different than any news or blog article posted on various social media sites which is done all the time. After the Conrad’s response to the Board Member’s wife she shut down rather quickly.


September of 2019 Hurricane Dorian came through causing a hazard and more than likely further damage to the Conrad’s unit and the defense attorney remained silent with no response.
With Mrs. Conrad becoming increasingly worse health wise they started pressing their attorneys to demand a response from the defense attorney for the POA. In the mean time after looking into a few things the Conrad’s reported the defense attorney to the North Carolina State Bar on the basis of the Rules of Professional Conduct and Ethics and posing the question to the NC State Bar, at what point does the defense attorney become liable knowing of Mrs. Conrad’s diminishing health? The defense attorney had promised several times they would call or get back to the Conrad’s attorney but that didn’t come until October 1st, 2019 (Mrs. Conrad’s Birthday).

October 1st 2019, in the late afternoon the Conrad’s attorney calls letting them know the POA now acknowledges they are responsible for the repairs and for the Conrad’s to get 3 quotes from contractors and the POA’s stipulations was that the construction work and the mold remediation be separated basically so after the POA gets the estimates they will choose the contractor to begin repair on the Conrad’s home. Simple enough right? Well…hold on to your hats because here comes the crazy.
Even though the Conrad’s found it crazy the POA wanted them to do the work getting the contractor’s estimates the POA would ultimately pick the contractors who would come in the Conrad’s home and do the repairs, the Conrad’s decided to do a show of ‘good faith’ and agree to those terms. The Conrad’s remembered they already had one quote previously from Deluxe Roofing, the contractors whom the POA originally hired, then fired after doing the original estimate in March of 2019 to the Conrad’s unit. (See that story here) The POA came back saying “Deluxe Roofing only came for Hurricane Florence and they were out of town contractors”. Mrs. Conrad promptly corrected this by stating she had met the owner of Deluxe Roofing prior to Hurricane Florence and he and his crew put the roof on the new home of Gonzo’s Animal House located on East Oak Island Dr. The Conrad’s also knew he lives only a few streets over from them anyways, so the POA’s lie didn’t hold up so well on that one.
Over the past few weeks the Conrad’s have been working with several contractors to get the quotes finalized to send to the attorneys. One day around the 16th of this month (oct) the Conrad’s sent one of the estimates early, this is where the POA began to show their true intentions. They came back demanding to know why the quote by Deluxe Roofing is now close to $10,000 more than their rough quote in March of 2019. The Conrad’s were able to give an explanation but then again the POA came back with ok “now we need a written letter explaining why”. At this point the Conrads saw the writing on the wall it seemed the POA was going to make things extremely difficult and absolutely make no good faith gestures.
To put icing on the cake a few days ago the Conrads received a letter from the POA and a ‘special voting ballot’. In the 1 & 1/2 page letter the POA board members address the ongoing issue with the Conrad’s unit and how there will be a special meeting to decide what the POA should and shouldn’t be responsible for. Now there are a plethora of issues with this which the Conrad’s attorneys found very absurd because they cannot be voting on legal issues dealing with State Law. This ‘special meeting & special ballot vote’ will have no actual bearing on the outcome of what happens with Conrad’s unit. The POA thinks by holding this vote they can vote against state laws and get away with it when really it will be a waste of the whole association’s time. This meeting is to take place on the 26th of October at 2pm.
The Conrads go on to explain the letter they received seemed to almost mimic the article the Conrads released in August but of course leaving out any type of real, factual details other than telling the association what they wanted them to know. The POA Board made it seem the Conrads were trying to screw over the association as a whole and wanted the association to feel sorry for the board members having to pay individual legal fees back to the association in the tune of $28,000. The POA Board Members go on to say they could recoup the fees if they took the Conrads to court but weren’t going to do so. Wonder why? With a sum totaling that large of an amount why wouldn’t the POA board members take the Conrad’s to court if they were truly innocent & victims in this whole situation?

The POA Board members state in the letter there is now only roughly $35,000 left of the insurance payout, when in August the Conrad’s attorneys were shown there was roughly $47,000 left with only minimal cosmetic repairs to be done to the outside of each building. The Conrads informed their attorneys the only outside repairs that had been done over the course of the last 2 months was 2 lamp post light repair from BEMC and new lamp fixtures earlier this week, so where $12,000 disappeared to in less than 2 months is a mystery. It should have been safe to assume with all other units repaired but the Conrad’s and with the POA Board Members being well aware of the extent of damages to the Conrad’s unit they would have held off spending the remaining insurance funds until negotiations between them and the Conrads were over but that was not the case. However, much to the Conrad’s surprise the POA’s letter included the legal fees paid out to the defense attorney FINALLY. It was on a made up spreadsheet so the numbers may or may not be accurate but the Conrads plan to have a forensic audit done to make sure no money past or present is missing from the common fund and the insurance payout from Florence.

The POA then goes on in the letter making it seem they have been put through heck for no reason but failed to really address any of the accusations against them or provide any actual proof to refute their wrongdoing. They then told the association there is a special ballot requesting a vote on what the POA should pay for in regards to the Conrad’s unit including the damages from the POA’s failure to maintain the roof in July of 2018.

The Conrad’s attorney stated they weren’t sure what the POA’s intention was with this letter and special ballot but regardless of the outcome of the vote by the POA it would absolutely mean nothing. It also looks like the POA is saying no matter what they just aren’t going to do the right thing regardless of if the Conrad’s do everything the POA Board asks. (See the email sent to the defense attorney below at the end of this article)


What the Board of Directors does not understand if they have spent the insurance money and there is not enough POA funds to pay for the Conrad’s unit a special assessment will be done and those Board Members past and present will be who the assessment is against. The POA Board also stated in the letter the individual lawsuits were dismissed but failed to realize per federal and state law the POA Board Members individually did not answer the Conrad’s complaint and therefore can easily be sued again and a jury most likely will award punitive damages in favor of the Conrad’s that will also go against those individuals and when the association is found liable it too ultimately falls back to those individuals. Needless to say the games they are playing are very dangerous and the Conrads suspect the POA Board is going to be made aware of it soon if this matter is not resolved outside of court.

So the question remains why can’t the POA Board Members just do the right thing? The Conrads aren’t really sure. The next question is, what is the POA Board members problem? The Conrads aren’t sure either but the Conrads know the POA Board members need to get over whatever issues they think they have and stop trying to kill a family. This could all be over and done with if 6 people who own property at Long Bay Commons grow up and act like adults instead of a bunch of mean girls on a power trip.

View the POA’s Insurance Payout financial records here: https://wp.me/pbelUU-7P

REFERENCES OF STATE LAW & CCR’s AS IT APPLIES TO CONDOMINIUMS IN NORTH CAROLINA:

G.S. 47C-3-107(c)
LBC CCRs Section 4.5
LBC CCRs Section 21.1 Error caught by the Conrads, it should say “Section 47c-3-113” not Section 47c-2-113. Insurance in 47c is under 47c-3-113. Either way Section 21.1 it states clearly the Duty to Restore.
G.S. 47c-3-113(h)
G.S. 47c-3-107(a) – the “be a decent human being clause”

Sign our petition for legislation change in North Carolina for all HOAs here: http://chng.it/tZDVmvGt

Email sent from the Conrad’s Attorney to the Attorney for the POA.
Full names not shown for legal/privacy purposes