By Sherry Gros
Freelance Writer for Highland Park Mobile AL
08/09/2021
Meeting “Allen Helms for the first time it started with “You don’t own this land.” Standing on the dam Helms and I stared into a drained 25 acre lake that their HOA appointed interim President, A Davis had drained a few days before. I was there to consult at the dam with my conservation officer at the time regarding the knee deep dead fish in the basin. But why was Allen there? I later learned from the conservation officer that Helms was there to try to run him off and basically bad mouth me the entire time until I got there. Come to find out Allen had knowledge by way of CCTV cameras from the back of a restaurant that he had access to that overlooked the path to the dam. So he was notified anyone went down there and when they did he scurried down to raise hell. Their HOA is an “unincorporated HOA” from a neighboring subdivision that doesn’t own title to the land they drained. Helms response was “Rules of Repose.” Which to him meant that the old landowner was no more so the fake HOA could just take over. I stared at him in silent disbelief. He put his arm on my shoulder and with a paternal sounding authority, looked down at me and said, “It’s okay we’re going to work it out. I’ve talked to Mindy. We’re going to work it all out.” I cringed and pulled out from under his hand “Who’s Mindy?” I snapped? I’m irritated at this point by his condescending tone and familiar touching of me. “That’s your lawyer.” He sneered. He wanted to make sure I knew they were on a first name and casual name basis; his second attempt to intimidate me.
Now my hair is on fire. I’m an old woman. I’m not as patient as I was in my younger days. Why is he talking to my attorney without my knowledge and why is he on a casual name basis with her? After all, I didn’t know her name was Mindy and I’m paying her 250.00 and hour. I call her as soon as I get home. “Attorney B have you been speaking with the defendants?” “I have,” was her cheerful reply.
My first impression of Helms is he’s a sweet talker, he’s got that slick con-man feeling. Red flags and warning bells had gone off immediately in his presence. “Attorney B, I don’t feel comfortable with this, from now on I want to be present for any conversations you have with the defendants.” I tell her matter-of-factly. She agrees and we hang up. I don’t follow much what my attorneys are doing. She was no exception, I paid her to do a job then figured she’d call me when she needs to. That’s the way I was taught to deal with lawyers and this way has always worked for me in the past. Somehow, this one was different. It was “complicated.” After about 18 months of hearings I finally asked her to withdraw after a hearing where the judge explained “This is a Gordian knot…” and when he said it, he made a kind of an eyeroll that caused his head to circle the globe. He added, “…and someone is going to run out of money..” Well, it was five defendants to one plaintiff and that plaintiff is me. I did the math. I saw the writing on the wall at that very moment and decided it was time to go pro se. The case had gotten costly to the tune of over $30,000.00 and it had become convoluted beyond belief.
Nobody wants to have to go Pro Se except maybe those exceptional individuals who are quite sure of themselves. I am NOT that individual. But here we are Pro Se, digesting the concepts, theories, and case precedents of: “Rules of Repose”, “Standing”, “Defacto Corporations”, “Mob Rule”, “Quiet Title”, Quit claim, Adverse Possession. It’s like trying to chew leather hoping to suck a little flavor out of it for your last meal. “I might need a little something to drink with this I thought.
After presenting my case as best I could at this last hearing and trying to stay focused on the topic of “standing” the questions are asked by the Court do I have standing to bring my case as an individual pro se. Do I have an individual claim that is different or unique from what a class action suit could bring. I’m a resident of HP subdivision my covenants apply. If the covenants are broken I can bring suit. The neighboring HOA has drained the lake denying me free access according to my covenants and damaged the dam beyond repair. But everyone in the HP subdivision has lost free access too. So, what damage or claim is unique to me individually? I would say it is the savagery with which the defendants came after me with their mob mentality. That the defendants groomed a mostly unsuspecting public, through meetings and private social media groups to their way of thinking about themselves and me. When I wanted to run a lawful HPca the fake HOA did not call for détente. They instead called me to join them then attacked me publicly when I could not join them because they were not running a lawful organization that represented the landowner. They instead were asset stripping the HPca by grossly misrepresenting it and destroying the land and wildlife. They they brow beat anyone who came against them. They have brow beat me every day in one way or another and I have stood up to them every time in private and public. I have endured language over and over that would have driven most to retreat. The group insulted, berated and attacked me based on what Helms, Damoff, Williams, and Davis told them about me in their scheduled “meetings.” They intimidated me in every way. They threatened me and attacked me. They pinned my car in so that I was delayed and terrified for over an hour by a man who was inflamed at me after one of their HOA meetings or private Facebook meetings. They made it clear in writing that if I went over to the West Park again they would call all the neighbors and block me in again. That damage is unique to me. Did they do that to anyone else? The fake HOA group have attacked my character in public causing people to doubt my ability to run the HPca. I have been robbed of the joy of exercising my talents and training. This case was steered. Could a lawyer have helped me get through the motion to dismiss any better than I did myself? Unfortunately, not with the lawyer I had. Not one attorney would take my case after I fired my attorney for not working in my best interest. I asked why, One attorney responded “because this case was run into the ditch.”
In any event dismissing the case is a win for me because it was not a loss but a loss in the sense that it will release the warring parties back into the wild to continue the battle to “save the dam, lake, corporation” and grapple the Gordian Knot with cries of “It’s not your land”, “Sefacto Corporation”, and “Rules of Repose” In the meantime no credible professional is going to touch repairs to the dam until ownership is established according to the engineers.
Updates to this story can be found at https://www.facebook.com/HighlandParkCommunityAssociation