Christopher’s response to a proposed settlement in the Garden Park Condominium lawsuit. The “True Order of Prayer” is explained in relation to being a good neighbor.

neighbor helping neighbor

(Excerpt from Christopher’s Daily Journal:)


The powers that be have an ultimatum in regards to their messenger:

You either let me do my job and start revealing the Real Truth in all of its details, splendor, marvel, and wonder, or you keep me involved in the Garden Park mess … you … have a choice!  I can’t do both!

You might not believe in miracles, and you shouldn’t, but if “God” wants something done that might affect the whole human race upon Earth, “God” will work a miracle.

(Someday we will explain this part in detail.  … Folks, don’t start thinking that any of you is performing some miracle for God, because you’re not!  Unless what you are doing could have an impact on the entire human race, what you do is for YOU only … okay, for the only god that exists: YOU.  And don’t think that any of you is … smart and connected to your True Self!  IF you were connected to your True Self, you could do my job.  You could answer the hard questions, like: when during Earth’s history did women start having new humans form in their bellies and then forcing them out of their … vaginas in pain!  That was … stupid!  Or, when did people become the different races and colors?  When and where did language develop?  What happened during the other Dispensations of human time that led to the annihilation of the human race except for a few pockets of humans?  Where were these pockets of the few remaining located?  How did they survive?  What possibly happened during the First Dispensation of Time that led to the destruction of over 15 billion people who were as highly advanced as any human race could possibly be?  IF you can’t answer these questions, then … , YOU’RE NOT CONNECTED TO YOUR TRUE SELF!  Your True Self knows all these answers and many more.  If I hear one more time of some … out there that thinks he or she is special and connected and doing something good that is outside of what the Bros are doing in the MWAW, because don’t ya thunk that the Bros know what the … they’re doing! … I’ll … cut you with a “sharp two-edged sword coming out of my mouth”!)

But anyways …

Allowing the human race to know the Real Truth about all things, as things really are, as they really were in the past, and how they really will be in the future, is the only hope we got left, Folks.  And it’s my job to make it available to the world IF mortals want it … and it appears that they don’t.  Well, actually, it’s the Bros’ job.  But I work under their counsel.  Although they encouraged and supported me, the Bros weren’t the ones that got me involved in the Garden Park mess.  … God did!

Well, “Pay, Lay, and Ale” interceded, and if you don’t know what this means, then READ THE DAMN BOOKS AGAIN … Gaaaaaaawwwwwwddddd! Or pay to get laid while you’re drunk on ale, cause you’ll enjoy that more than trying to figure out what you cannot know unless you’re connected to God, which none of you are!

What you Folks don’t know is that there is a small group of people at Garden Park who are actually beginning to pray in the True Order of Prayer.  While the rest of the world prays to the God of this world with outstretched hands and words from their mouths,

“Oh God.  Hear the words of my mouth!  Oh God.  Hear the words of my mouth!  Oh God.  Hear the words of my mouth!”

(This is the false Order of Prayer.)

These very few neighbors at Garden Park are beginning to pray in the True Order of Prayer that is the only way that humans should be praying.

(Although it was written for an LDS/Mormon audience and in a religious context in hopes of opening their hard hearts and blinded eyes, the concept has been explained perfectly:)


From Sacred Not Secret, The Official Guide In Understanding the LDS Temple Endowment.

These “peaceable followers of Christ” obtained a hope through the words of Jesus given to Mormon’s ancestors about 400 years before this discourse. Following the gospel of Christ will always make one “peaceable.” Mormon goes on to explain that those whose “walk is peaceable” with others are those who are doing the right thing. This will later be referenced in the presentation of the endowment when the True  Order of Prayer is introduced and couples are invited to participate where,

Only the best of feelings should exist in the circle. If any of you have unkind feelings toward any member of this circle, you are invited to withdraw so that the Spirit of the Lord may be unrestrained.”

Everyone who is not “walking peaceable” in this way walks contrary to how a Celestial Being would act, and cannot do “good” no matter what their “common sense” has convinced them is good.

Mormon explained that unless we keep the commandments of God in treating each other good and being “meek, and lowly of heart,” and in so doing, believe in Christ—in that we hope for a better world where all will experience eternal peace and happiness—all of our works and thoughts are vain and profit us nothing. If we know and understand these things (Pay/faith/Father and Lay/hope/the Son) we will have charity (Ale/Holy Ghost). In other words, we will start to recognize, by the power of our own spirit, what brings us peace and happiness. “The Holy Ghost” will bring to our remembrance the way we felt when we lived with Celestial Beings who always did unto others what They would want done unto Them. When we start to remember these things, we will begin to act differently and participate properly in the True Order of Prayer, receiving an understanding from the heavens of all the mysteries of God. Thus, with an eternal perspective (charity), we exercise faith in God and have a hope in Christ, which will cause us to act in the following way:

The real truth teaches us that praying with words, on our knees, with our eyes shut and our arms extended towards heaven, asking God to hear the words of our mouth and give us further light and knowledge, is the False Order of Prayer. Again, the participants who are engaged in the True Order of Prayer perform specific actions and do not speak, except for the words, “Pay, Lay, Ale,” as it has been explained above.

Joseph Smith arranged the original endowment so that “Peter” was instructing in the True Order of Prayer. After the endowment was corrupted by modern leaders, Peter, to whom Adam had already told the people to pay attention to and obey, is NOT the one officiating and giving the actual prayer when the participants are gathered in the circle formed for the True Order of Prayer. In the original endowment there was no officiator. Peter taught the True Order of Prayer by having the participants in the circle perform all the signs and penalties given throughout the endowment, and then he introduced the participants to the Veil without doing anything else. Brigham Young made the changes that reflect his propensity to contaminate the truth with his own understanding.

The True Order of Prayer is the way that all humans will “pray” for all generations of time and throughout all eternity. “Prayer” is a demonstration of our works. Whether these works are those we performed in our pre-mortal state in the figurative Garden of Eden, those we performed during mortality in the figurative Telestial World (or the world in which we presently live), those in the figurative Terrestrial World during the Millennium, or those works performed in the Celestial World, our prayers are an accountability (a sign) of all of our works. This is the reason why all the signs of the priesthood are given with their accompanying penalties in the circle created by those receiving their endowment.

The participants are equally dressed and form a perfect circle, symbolizing the eternal equality that all of us possess in common. After all of our works have been represented by the signs and penalties given, the participants are instructed to unite with each other in the circle. Each brother is asked to take the person at his left in the Patriarchal Grip, and then all participants raise their left arm to the square and rest it on the right shoulder of the person to their left. Each of us is represented by couples consisting of the male on the right and the female on the left. This represents the final state of all those who will become the Celestial Fathers and Mothers residing in the Celestial worlds. The “grip,” as it has been explained previously, illustrates the way in which male and females are connected forever in the work of bringing forth new life and assuring that this life culminates in happiness.

 

(End of excerpts on the True Order of Prayer from SNS.)


 

NOTICE TO PEOPLE AT GARDEN PARK: Read these things.  Absorb them in your heart and mind.  Create a Garden of Eden again at … yeah … Garden Park.

If any of you are lucky enough to afford to purchase a condo at Garden Park, then do it.  You won’t regret it now.  But those of you who are looking for a handout, or to be helped financially, DON’T MOVE THERE NOR ASK!  BECAUSE THAT’S NOT PART OF THE DEAL WITH THE TRUE ORDER OF PRAYER!  IF you are not taking care of yourself and doing everything in your power to not be a financial burden on others, you can’t pray in this true order.  Go to a homeless shelter.  You’d be better served and can better serve others there.

Might seem a harsh thing to say.  But it’s very true.

Nowhere on Earth can there exist a potential for a group of mortals to truly pray in the True Order of Prayer as is possible among the few who live at Garden Park.

The Bros allowed me and encouraged me to get involved in that mess to help them succeed.

I did my job.

By a miracle, we are in settlement negotiations.

I sent out this email this morning:

 

(NOTE: this email address is for legal purpose only.  Don’t try to write to me personally because I will not respond.)

 


Christopher Nemelka <nemelkachris@gmail.com>

SETTLEMENT ON THE TABLE, The Pursuit of Peace
1 message

Christopher Nemelka <nemelkachris@gmail.com> Fri, Aug 3, 2018 at 5:40 AM
To: Garden Park HOA <gardenparkhoa@gmail.com>, Larry Goff <rlgentrp@gmail.com>, Sergio Lucero <lucerosergio332@gmail.com>, Lynnette Butler <lovelylynnettest@gmail.com>, Jennifer Carter <jcarter303@gmail.com>, Mike Zauner <mikezauner@gmail.com>, Tyler LaMarr <tlamarr@millerharrisonlaw.com>, Lamond Woods <lamond.woods@sentrywest.com>, Tiffanie Thompson <Tiffanie.Thompson@sentrywest.com>, Leslie Ripley <pegade3@hotmail.com>, Tiffany Bierma <tbiermagphoa@gmail.com>, “rich@totalproperty.net” <rich@totalproperty.net>
Cc: Bret Powelson <cbpowelson@gmail.com>, unclechummy@yahoo.com, Laura Saiki <laura@filtagreen.com>, Tony Saiki <ultimatecombat@mac.com>, damon cook <damonthemanthatwas@gmail.com>, Dan Cook <DanCook1962@gmail.com>, Debbie Andrew <dja07@hotmail.com>, Denton E Thiede <denton.thiede@gmail.com>, Sydney Thiede <sydney.raethiede@gmail.com>, Hawley Haws <hawleyhaws@gmail.com>, Leslie Barrett <leslieannbarrett@yahoo.com>, Mom <gmadislc@aol.com>, Glen Iverson <giverson02@gmail.com>

To All Those Concerned: (SentryWest agents: please forward to adjuster/attorneys.)

Lynnette Cook and I have been working with Tyler LaMarr on a stipulated settlement in order to end our lawsuits and hopefully return the Garden Park community to a peaceful place to live.
There was ONLY ONE PURPOSE for our lawsuits … we had only one agenda: to be heard, to be treated fairly and equitably, and to force Garden Park’s HOA Board directors to follow the law in ALL THINGS, in ALL PROCEDURES, in hopes of initiating changes at Garden Park that will allow the community to thrive into the future.
Your fear of me was and is completely unwarranted.
Fear is the direct result of ignorance.  We fear what we do not understand.  Misunderstanding arising from ignorance causes fear, and fear is the greatest enemy of peace.  As human nature is, instead of getting to know and understand what we fear, we fight what we fear, and some use this fear to control others.
If I may, and although it is not relevant to these matters, it is relevant to what is going on at Garden Park, please allow me to use an example of universal unwarranted fear and how it takes away our peace and impedes our humanity:
 (If my case had gone to trial, I would have explained the following to the Jury during my opening statement.  I would have opened with,
“Members of the Jury, this case is more about fear and ignorance than anything else.  Not only ignorance and fear of the law itself, but the ignorance and fear of the Defendants that led to hate and malicious defamation.  I live in a small community called Garden Park Condominiums.  It will be shown and proven throughout this trail, beyond any reasonable doubt, that the actions of the Defendants were based on fear because of their ignorance, not only of the law, but about me.  The evidence will show that the Defendants refused to address their ignorance and their refusal led to where we are today.  I have not spoken but a few words to most of the Defendants over the years that I have lived at Garden Park.  In fact, I’ve never really, officially, met any of them, but have had superficial interactions with them from time to time.  I do not fear them, because I understand them.  But they fear me, albeit their fear of me is completely unwarranted.  However, the Defendants’ ignorance is no excuse for the hate that they have caused that has led to defamation and has destroyed the peace at Garden Park.  This case would not have been filed and tried in court if the Defendants would have simply agreed to meet with me personally to discuss the things that aggrieved me and caused me great concern as a Garden Park unit owner.  Although the Defendants had a legal obligation to meet with me, hear me out, and treat me fairly as they did other unit owners whom they did NOT FEAR, they refused.  After many threats of suing them for not meeting with me, I was forced to file this lawsuit.  It was their legal and fiduciary duty to meet with me.  Let’s review the legal meaning of ‘Fiduciary. …'”  (I have attached a draft of my Opening Statement notes to this email, IF any of you is interested.)
I have no doubt, Folks, that I would have won this case.  I would have asked the Jury to return a verdict that would send a message to the Defendants that this type of unwarranted fear and illegal acts cannot be tolerated.  It would have bankrupt Garden Park.
Luckily, none of us is going to have to go through this trail, IF we are successful at an agreed upon settlement.
As I mentioned, if I may, let me briefly explain and give an example of unwarranted fear caused by ignorance.  (I would have used the following example during my Opening Statement to the jury also:
No set of numbers breeds fear and incites an emotional uncomfortable feeling more than “666” mentioned in the book of Revelation.  Yet, 666 has ABSOLUTELY NOTHING to do with the devil or anything about evil … (except the evil for which economic inequality is responsible).
The number was written “six hundred three score and six” to represent a “man” and “his number.”  Since all of the allegorical names and symbols in Revelation came from the Old Testament, which was the only scripture available to the Hebrews and Christians at the time the New Testament and Revelation were written, all hidden meaning can be traced to Old Testament passages.  The “number of the beast” is mentioned as something that if a man doesn’t have, he cannot buy or sell.  Here is the Old Testament reference from where Revelation’s author took “six hundred threescore and six”:
Now the weight of gold that came to Solomon in one year was sixhundredthreescore andsix talents of gold.  (1 Kings 10:14; 2 Chronicles 9:13)
Here is the way the number is used in Revelation:
And that no man might buy or sell, save he that had the mark, or the name of the beast, or the number of his name.  Here is wisdom. Let him that hath understanding count the number of the beast: for it is the number of a man; and his number is Six hundred threescore and six.  (Revelation 13:17-18)
The “man” refers to Solomon.  “666” refers ONLY to GOLD.  In ancient times, “no man might buy or sell” unless he had gold.
I am an expert on the book of Revelation.  I’ve had a book published that remains unchallenged by any scholar or religious leader:666, The Mark of America, Seat of the Beast, The Apostle John’s New Testament Revelation Unfolded.  (This book can be downloaded for free if you’re interested.) Even the book’s title instills fear in the mind of a potential reader.  Yet if read, as it has been thousands of times, the reader will learn more about Revelation than from any other source ever published.
Religious leaders counsel their followers not to read my book because of the effect that it has on the fear that religious people have towards their leaders.  People look to their religious leaders for knowledge and guidance.  If someone outside of one’s religion teaches Real Truth that religious leaders do not, the teaching is a threat to the religious leader’s standing and authority.  Religious followers believe that if God wants to reveal something of importance, then God will only reveal it through His religious leaders.  The Muslim god says the same thing.  The Hindu god says the same … all the different religious gods in this world say the same thing.  Without the fear of damnation and God’s wrath, religious leaders have no control over their followers.  The fear of the devil has actually helped religious leaders maintain control over the people.
It was this very book that the late Ida Smith, one of the oldest residents living at Garden Park, took to her LDS Bishop, to her best friends Senators Orin Hatch and Robert Bennett, LDS Church leaders Dallin Oaks, Jeffrey Holland, and her cousin Russel Ballard.  She simply asked these men to read the book and explain to her how or why the explanations given in the book about Revelation were not, could not, be true.  They couldn’t answer her.  And when she persisted to get an answer from them, instead of answering her, they excommunicated her.  What do these leaders tell others about my book?  Amazingly, they instill fear in their followers’ ignorance of the meaning of Revelation.  They claim, “Christopher is a messenger of Lucifer.  The devil knows all real truth, but uses it to deceive the elect and cause them to fall away from the Church.”
EVERYTHING that has caused and is causing problems at Garden Park is caused by ignorance and fear.  “Fear is the only true enemy, born of ignorance and the parent of anger and hate.”  (I’ve heard this quote before and it is so true about Garden Park.)
You should have taken the time to meet with me personally and spoken with me about my concerns and issues, ALL of which had to do with the illegal way that the HOA directors were doing their job, in almost ALL instances.
I am selling my unit and will no longer be involved at Garden Park, not in its politics, not in its fear and ignorance. The devil is moving away.  But many good and innocent people will remain.
IF the resolution of settlement is proper and agreed to, I will file for a dismissal of all of my claims against ALL the Defendants, but will ask the Court to do so “without prejudice.”  “Without prejudice” means that as long as the Defendants fulfill their part of the resolution, the case will remain closed.  But if they don’t, and if the problems of fear, ignorance, and the illegal acts of HOA directors start up again, I will have the right to reopen my case.  If I am forced to reopen my case, I will not stop until it is heard by a jury of my peers no matter what settlement is proposed.
Because I am moving away, there is no need to get to know me.  And that’s okay.  But PLEASE get to know the neighbors that you fear.  Because if you get to know them, you will no longer fear them.
Best to you all.  May we move now towards a final resolution to end this madness.
Is my only hope,

Christopher M. Nemelka
Pro Se Plantiff
Fourth District Court
State of Utah, Utah County
Case No. 180401200
Judge Taylor
(801) 870-1303
 
NOTICES: This message, including attachments, is confidential and may contain information protected by the attorney-client privilege or work product doctrine. If you are not the addressee, any disclosure, copying, distribution, or use of the contents of this message are prohibited. If you have received this email in error, please destroy it and notify me immediately.

 

OPENING STATEMENT.pdf
184K

 

The following is the parts of the Opening Statement I would have used at trial in front of a jury:


OPENING STATEMENT

…INTRODUCTION

Credibility Pro Se vs. Attorney

There is a perception that most people have of a trained attorney and of a judge. It’s a perception of trust and authority.

(Put up poster of definition of “FIDUCIARY.”)

Where a judge is the ultimate FIDUCIARY in our society, by implication we have been convinced that attorneys are just as trustworthy as judges. The Founding Fathers of the United States knew something about the POWER and OBLIGATION that they were giving to judges in our society. They knew that judges are not infallible; that they are human and can make mistakes.

One of the main issues that the America’s Founding Fathers had with King George of Britain was that he was, “depriving us in many cases, of the benefits of trial by jury.”

(Show quote from the Declaration of Independence.)

For this reason, the United States Constitution guarantees that a person be able to have their case heard, not by a judge who is trained in the law, who more than likely was an attorney before becoming a judge, but to have their case heard by a jury of their peers: people like you and me, untrained in the traps and snares that attorneys often use to win a case.

Just like you, I haven’t been trained to use these traps and snares. I chose to have this case heard by people like you, like me. I chose to represent myself, because I was PERSONALLY involved in the facts of this case. I know the facts firsthand and can explain them to you, people just like me, without the traps and snares that attorneys often use to blind you to the truth and manipulate your mind to see things the way that THEY want you to see things, not necessarily things as they really are, or as they really were.

But there’s one thing that no attorney can avoid, no matter how skilled they are at using their training, their traps, and their snares: THE LAW.

(Put up poster of definition of LAW.)

Judges have the FIDUCIARY DUTY to interpret the law and assess the evidence that is presented during a case.

(Put up poster of INTERPRETATION.)

(Put a picture of the judge under FIDUCIARY on poster.)

Before a case gets to a judge, attorneys have a very important fiduciary duty to their clients.

(Put a picture of the attorneys on FIDUCIARY on poster.) (Point to INTERPRETATION poster.)

Attorneys form an interpretation of the law that benefits themselves and their client and does not necessarily agree with the judge’s interpretation. Attorneys’ fiduciary duty towards their client is to convince the judge that THEIR INTERPRETATION OF THE LAW is the best.

In this case, you, as members of this Jury, have the most important FIDUCIARY DUTY of all!

(Put picture of Jury under FIDUCIARY.)

Because at the end of this trial, ONLY YOUR INTERPRETATION of the law matters.

I have a fiduciary duty now to myself.

(Put a picture of me under FIDUCIARY.)

I must present the evidence of this case in such a manner that it is understood clearly by you, my peers, and in a way so that the evidence fits the interpretation that I have of the law, in hopes that MY interpretation—the one that I present and prove by the facts of this case—will convince you that it is the ONLY interpretation that is correct. Not being a trained attorney, and a person just like each of you, I figured that the best approach is to simply TELL THE TRUTH. Because, I have complete confidence that if I stick to the truth and do not try to use any traps or snares, which I am not trained to use, you will know the truth and be able to render a proper judgment in this case.

This case is about GROSS NEGLIGENCE in performing a FIDUCIARY DUTY. You will be introduced to the Defendants. You will come to know them and understand what their duty of trust was towards those who placed their trust in them … (point to definition of FIDUCIARY) … “to act for [them] under circumstances which require total trust, good faith and honesty.”

(Place picture of LaMarr on FIDUCIARY poster.)

You will come to know Defendant Tyler LaMarr, of the MILLER HARRISON law firm (place picture of MH), a firm that is primarily based on Homeowners Association law.

(Place a picture of Rich Wells on FIDUCIARY poster.)

Defendant LaMarr is a longtime friend and business associate of Rich Wells. Mr. Wells works for a local company called, TOTAL PROPERTY MANAGEMENT (place a picture of TPM on FIDUCIARY poster).

(Place picture of HOA Board on FIDUCIARY poster.)

The other Defendants are or were directors of the non-profit corporation, the Garden Park Homeowner’s Association.

These are the Defendants in this case. I am the sole Plaintiff. At one time, I owned 6 units at the Garden Park Condominiums, located in Orem, Utah. (Place poster of GARDEN PARK, then take my picture from FIDUCIARY poster and place on Garden Park.)

The evidence that you will hear in this case will show that there are many other condo owners living at Garden Park who depended upon the Defendants to perform their FIDUCIARY DUTY, or at the very least comply with the law (pointing to the LAW poster).

I don’t represent them. I can’t.

(Put a picture of other owners on GARDEN PARK poster.)

Neither they nor I could afford to hire an attorney to represent us in our desire for justice. The evidence in this case will show the harm that came to me. Although I don’t and can’t represent the others, it is my intent to show that the harm that came to me also came to them, in hopes that this Jury stops this harm and punishes those responsible for it.

There are three (3) main sources of the LAW that regulate the actions of all Garden Park owners: (put pictures of each on LAW poster) (1) Garden Park’s HOA Bylaws; (2) Garden Park’s Covenants, Conditions and Restrictions; and (3) Utah law.

(Point to INTERPRETATION poster.)

It will be required of each of you to review these laws and determine your own interpretation as to whether these laws were violated, as I claim, or not, as the Defendants’ attorneys will claim and try to prove.

(Point to the FIDUCIARY poster.)

Each of the Defendants had a FIDUCIARY DUTY towards me as an owner to obey these laws. During this trial, you will meet the other Defendants who are or were directors of the HOA Board. You will see that most of them are just like us, simple people who are not trained in the law. The evidence will show how these Board Directors depended upon LaMarr and Wells (point to each one) to fulfill their fiduciary duty and explain the law to the Board and to the other owners, so that the Board and we owners, wouldn’t violate the law and become liable for it.

The owners who serve on the HOA Board are known in Garden Park’s CC&Rs as a “Management Committee.”

(Place poster of Declaration, Article 12.)

According to the law, our HOA Board is the most important group of people to all of us owners.

“All agreements and determinations respecting the condominium project lawfully made and/or entered into by the management committee SHALL BE BINDING UPON ALL OF THE UNIT OWNERS AND UPON THEIR SUCCESSORS AND ASSIGNS.”

This is a pretty big and important responsibility, don’t you think? The only thing that protects us as owners, is that we not bound to anything that the HOA Board does that is not “LAWFULLY made and/or entered into.” The question remains, then, if the HOA Board does something illegal, then upon whom is the action binding? The law is very clear that if the HOA Board does something illegally, each director is personally liable for the illegal act. [Place poster of UC 16-6a-822(1)(2) General standards of conduct.]

Board members are legally bound to do their duties “(a) in good faith; (b) with the care an ordinarily prudent person in a like position would exercise under similar circumstances; and (c) in a manner the director or officer reasonably believes to be in the best interests of the nonprofit corporation.”

But also, according to the law, the Board members are “entitled” to help in performing their fiduciary duty.

[Place poster of UC 16-6a-822(3).].

This help includes the opinion and direction of “one or more officers or employees of the nonprofit corporation whom the director or officer reasonably believes to be reliable and competent in the matters presented.”

According to Garden Park’s bylaws, “the management committee shall consist of five (5) unit owners to be selected by the unit owners.” During this trial, it will be shown that one of the Defendants, Larry Goff, who has served on the HOA Board for over 20 years, asserted himself to the other members as being “reliable and competent.” It will be shown that Mr. Goff ran the show in most cases, and that the other members “reasonably believed” that Mr. Goff knew what he was doing. The facts presented during this trial will prove without any uncertainty that Mr. Goff, not only did not know what he was doing, but violated the law in many instances.

The facts will show that when I, as a concerned and aggrieved homeowner, confronted Mr. Goff about his illegal activities, Mr. Goff, “in discharging [his] duties … rel[ied] on information, opinions … or statements” of Defendant LaMarr, an attorney, and Defendant Wells, “another person” that Goff “reasonably believe[d] [was] within [Defendants LaMarr and Well’s] professional or expert competence … [and whom Goff] believe[d] to be reliable and competent in the matters presented.” The facts will show that both LaMarr and Wells told Goff to violate the law!

(Point to the law.)

(3) In discharging duties, a director or officer is entitled to rely on information, opinions, reports, or statements, including financial statements and other financial data, if prepared or presented by: (a) one or more officers or employees of the nonprofit corporation whom the director or officer reasonably believes to be reliable and competent in the matters presented; (b) legal counsel, a public accountant, or another person as to matters the director or officer reasonably believes are within the person’s professional or expert competence; (c) religious authorities or ministers, priests, rabbis, or other persons: (i) whose position or duties in the nonprofit corporation, or in a religious organization with which the nonprofit corporation is affiliated, the director or officer believes justify reliance and confidence; and (ii) who the director or officer believes to be reliable and competent in the matters presented; or (d) in the case of a director, a committee of the board of directors of which the director is not a member if the director reasonably believes the committee merits confidence.”

The evidence will show that Defendant Goff did many illegal things throughout the years in which the other members trusted him because they reasonably believed that he knew what he was doing.

[Place poster of UC 16-6a-822(4).]

According to the law, Mr. Goff was “not acting in good faith” because he had knowledge from his vast experience, or at least he told others that he did: (4) A director or officer is not acting in good faith if the director or officer has knowledge concerning the matter in question that makes reliance otherwise permitted by Subsection (3) unwarranted.”

The evidence will show that when I confronted Mr. Goff about his illegal activities, he sought out the advice of Defendants LaMarr and Wells to help him because he actually didn’t understand the law at all, or at least very little of it. The evidence will show that the advice Goff received from both LaMarr and Wells was to not meet with me as an aggrieved owner and to instead, act illegally.

[Place poster of UC 16-6a-822(6).]

“(6) A director or officer is not liable to the nonprofit corporation, its members, or any conservator or receiver, or any assignee or successor-in-interest of the nonprofit corporation or member, for any action taken, or any failure to take any action, as an officer or director, as the case may be, unless: (a) the director or officer has breached or failed to perform the duties of the office as set forth in this section; and (b) the breach or failure to perform constitutes: (i) willful misconduct; or (ii) intentional infliction of harm on: (A) the nonprofit corporation; or (B) the members of the nonprofit corporation; or (iii) gross negligence.”

The evidence will show that I pleaded with the other members of the Board to not listen to Goff, LaMarr, or Wells, and that these Defendants’ actions were a violation of the law. I exhaustively pointed out, to not only Goff, but to the other members of the committee, that they are liable under the law “for any action taken, or any failure to take any action, as an officer or director, as the case may be,” if they have “breached or failed to perform the duties of the office as set forth in this section; and (b) the breach or failure to perform constitutes: (i) willful misconduct; or (ii) intentional infliction of harm on: (A) the nonprofit corporation; or (B) the members of the nonprofit corporation; or (iii) gross negligence.”

The evidence will show that the Defendants’ illegal actions, including defamation, was “willful” and done with “intentional infliction of harm on [me as an individual and one of] the members of the [HOA]. Even more egregious, the evidence will show that the Defendants’ each, and severally, acted with “gross negligence.”

(Place posters of the definitions of NEGLIGENCE and GROSS NEGLIGENCE.)

The law places the liability for these actions squarely on the shoulders of the HOA Board members.

[Place poster of UC 16-6a-823 Limitation of liability of directors.] 16-6a-823 Limitation of liability of directors.

(1) (a) Except as provided in Subsection (1)(b), a nonprofit corporation may eliminate or limit the liability of a director to the nonprofit corporation or to its members for monetary damages for any action taken or any failure to take any action as a director, if: (i) so provided in: (A) the articles of incorporation; (B) the bylaws; or (C) a resolution; and (ii) to the extent permitted in Subsection (3). (b) Subsection (1)(a) does not permit a nonprofit corporation from eliminating or limiting the liability of a director for: (i) the amount of a financial benefit received by a director to which the director is not entitled; (ii) an intentional infliction of harm on: (A) the nonprofit corporation; or (B) the members of a nonprofit corporation; (iii) an intentional violation of criminal law; or (iv) a violation of Section 16-6a-824.”

The evidence will show that I was mocked, ridiculed and defamed by all the Defendants. The evidence will show that the Defendants’ gross negligence in abiding by the law has greatly affected the property values and forced me to sell the units that I once owned as rental properties, and one in which my elderly mother resides.

Throughout this trial, you are going to hear the attorneys for the Defendants present their own interpretation of the laws that I will point out that the Defendants have grossly violated. They will try to convince you that the Defendants were acting reasonably and in good faith in performing their fiduciary duties. But the evidence in statements, testimony, and actual video recordings will show otherwise.

The Defendants’ attorneys might present “precedent law,” which is when the attorneys present to you the findings of a judge or of another jury that listened to and ruled upon a similar case to this one.

But I can assure you, without doubt, that what you are about to witness during this trial is UNPRECEDENTED. The opposing counsel will NEVER find a case like this one. This case is one in which the power and authority of fiduciary duty was not only grossly violated, but maliciously used to defame me and keep the rest of the owners in the dark about the HOA’s illegal activities.

Garden Park is one of the oldest HOA communities in Orem, Utah. It was established in 1974. It has never renovated. Many of its fences are falling apart, among other things. During this trial you will hear testimony of various owners who are very frustrated with the current state of Garden Park. You will hear testimony that places the blame securely on the shoulders of the HOA Board and upon those to whom the members of the Board seek advice and counsel.

You will hear … AND SEE … evidence of how the owners are treated during the HOA meetings by the Defendants. You will hear and see things that you never imagined were occurring in our society in regards to a homeowners association.

Unlike me, many of the owners are scared of the law. A paper was posted on each of the 144 doors at Garden Park by the Defendants.

(Place huge poster of letter.)

This paper purported to be an “OFFICIAL HOA COMMUNICATION.” This paper destroyed our community and caused many of the elderly residents, some of whom have lived at Garden Park for many years, to FEAR that their community was falling apart, not only physically from poor maintenance, but emotionally because of the acts of the Defendants.

Sure, the opposing counsel will use their traps and snares to try to convince you that it was all my fault. But the evidence will show the opposite.

After you have heard all the evidence in this case, I will ask you to send a strong message to the Defendants by returning a verdict in my favor. I will be asking you, this jury, to set a precedent of law, so that these types of illegal and malicious actions will not happen again.

I believe in my ability to tell the Real Truth. I believe in you, as my peers, to see the Real Truth and to do the right thing.