Stock Farm Ranch Hamilton Montana - Joseph A. Graziano.

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DOCUMENTS THE LEGAL ISSUES BETWEEN JOSEPH A. GRAZIANO AND ENTITIES COMPRISING THE STOCK FARM RANCH IN HAMILTON, MONTANA, AN EXCLUSIVE GOLF COMMUNITY DEVELOPED BY MR. CHARLES SCHWAB AND OTHERS IN THE LATE 1990'S.

BACKGROUND IN THE SUMMER OF 2000, GRAZIANO PURCHASED A BUILDING LOT ON THE STOCK FARM RANCH FROM THE STOCK FARM, LLC ("THE DEVELOPERS") AND A GOLF CLUB MEMBERSHIP FROM THE STOCK FARM CLUB, LLC ("THE CLUB"). AS PART OF HIS LAND ACQUISITION, GRAZIANO ALSO BECAME A MEMBER OF THE STOCK FARM HOMEOWNERS ASSOCIATION, INC. ("THE HOA"). IN THE SUMMER OF 2004, GRAZIANO BECAME A FULL TIME RESIDENT IN THE STATE OF MONTANA AND IN THE FALL OF 2004 BEGAN TO OCCUPY HIS NEWLY CONSTRUCTED, UNFINISHED HOME ON THE STOCK FARM RANCH. HIS HOME CONSTRUCTION WAS COMPLETED IN 2005. GRAZIANO RETIRED FROM A LONG CAREER AS A FINANCIAL EXECUTIVE IN SILICON VALLEY, CALIFORNIA. HIS EXPERIENCE INCLUDED A TOTAL OF ELEVEN YEARS (DURING TWO TERMS) AS THE CHIEF FINANCIAL OFFICER (CFO) OF APPLE COMPUTER, INC.; AS WELL AS SERVING AS A MEMBER OF THE APPLE COMPUTER BOARD OF DIRECTORS FROM 1993-1995. HE ALSO SERVED AS THE CFO OF SUN MICROSYSTEMS, INC. FOR TWO YEARS (1987-1989); THE TREASURER OF ROLM CORPORATION (1976-1981); A MEMBER OF THE BOARD AND AUDIT COMMITTEE CHAIRMAN OF SEVERAL PUBLIC COMPANIES INCLUDING PIXAR ANIMATION STUDIOS, INC. (1995-2007) AND PACKETEER, INC. (1996-2007). GRAZIANO IS A RETIRED CERTIFIED PUBLIC ACCOUNTANT (CPA), HOLDS AN HONORARY PH.D FROM MERRIMACK COLLEGE AND WAS TWICE NAMED AS AN "ALL-STAR CFO" BY " UPSIDE" MAGAZINE. IN 2008, GRAZIANO ATTEMPTED TO UNDERSTAND THE OPERATIONS OF THE HOA INCLUDING ROAD MAINTENANCE, THE FINANCIAL ARRANGEMENTS WITH THE STOCK FARM CLUB, THE HOA BUDGET, THE FINANCIAL POSITION OF THE HOA AND THE BOARD OVERSIGHT PROCESS, ETC. AS ONE OF THE FEW FULL TIME RESIDENTS OF THE STOCK FARM RANCH, GRAZIANO WAS CONCERNED ABOUT HOW THE HOA'S AFFAIRS WERE BEING MANAGED. DURING 2008, AFTER TRYING TO OBTAIN HOA FINANCIAL INFORMATION AND UNDERSTAND THE INNER WORKINGS OF THE ARRANGEMENTS BETWEEN THE HOA, THE CLUB AND THE DEVELOPERS (PUT IN PLACE BY THE DEVELOPERS) GRAZIANO WAS PREVENTED FROM ACCESS TO THE HOA RECORDS AND THE HOA BOARD, WHICH WAS CONTROLLED BY THE DEVELOPERS. GRAZIANO BEGAN PREPARING FOR LEGAL ACTION BY DISCUSSING A POSSIBLE SUIT AGAINST THE HOA, ETC. WITH HIS PERSONAL ATTORNEY, DAVID COTNER, OF DATSOPOULOS, MACDONALD & LIND, P.C. MR. COTNER INFORMED GRAZIANO THAT HE WAS CONFLICTED AS THE STOCK FARM WAS ALSO A CLIENT OF HIS FIRM (GRAZIANO LATER DETERMINED THAT MR. COTNER SERVES AS DEFENSE COUNSEL FOR THE THE STOCK FARM CLUB, LLC IN THE SUIT "THOMAS L. FOX VS. STOCK FARM CLUB, LLC AND JOHN DOE NOS. 1-10" FILED JANUARY 30, 2002 IN WHICH THE STOCK FARM CLUB WAS FOUND GUILTY IN MARCH, 2005 AND WHICH REMAINS UNSETTLED AS OF DECEMBER 14, 2010). MR. COTNER REFERRED GRAZIANO TO MR. WILLIAM WAGNER OF GARLINGTON, LOHN, ROBINSON, PLLP, WHOM GRAZIANO HIRED AS LEGAL ADVISER FOR THIS MATTER IN AUGUST, 2008. IN THE FALL OF 2008, BASED ON GRAZIANO'S DEMANDS, THE HOA BOARD HELD ITS FIRST EVER HOA MEMBERSHIP MEETING AND HAD ITS FIRST EVER AUDIT PERFORMED WHICH COVERED THE YEAR 2007. THE MEETING RESULTS AND AUDIT RAISED SOME VERY SERIOUS QUESTIONS ABOUT THE STOCK FARM OPERATIONS WHICH GRAZIANO SUBSEQUENTLY TRIED TO PURSUE WITH THE HOA BOARD. IN JUNE 2009, AFTER BEING UNABLE TO MAKE ANY PROGRESS WITH THE HOA BOARD, GRAZIANO ISSUED A FORMAL "DEMAND LETTER" TO THE HOA BOARD AND INFORMED THE ENTIRE HOA MEMBERSHIP OF THE ISSUES AS HE SAW THEM. THE HOA HELD ANOTHER MEETING ON JUNE 29, 2009 AND REFUSED TO ADDRESS THE ISSUES IN GRAZIANO'S DEMAND LETTER. AFTER THAT MEETING GRAZIANO PRIVATELY MET WITH MR. CHARLES SCHWAB IN HOPES OF BEING ABLE TO GET HIS AGREEMENT TO SOLVE THE SERIOUS FINANCIAL MATTERS OF THE HOA. MR. SCHWAB REFUSED TO FOLLOW UP WITH GRAZIANO NOR ACT ON ANY OF HIS DEMANDS. IN THE FALL OF 2009, GRAZIANO FILED A FORMAL COMPLAINT WITH THE RAVALLI COUNTY DISTRICT COURT, HAMILTON, MT AGAINST THE STOCK FARM HOMEOWNERS ASSOCIATION, INC. AND THE THE STOCK FARM, LLC. AND DOES 1-50 ("THE DEFENDANTS"). (SEE "COMPLAINT" BELOW). AFTER THE FILING OF THE LAWSUIT GRAZIANO DISCOVERED THAT DAVID COTNER WAS ACTING AND CONTINUES TO ACT AS COUNSEL FOR THE DEFENDANTS IN THIS CASE DESPITE HIS AND HIS FIRM'S CONFLICT OF INTERESTS. ON APRIL 6, 2010 A HEARING WAS HELD WITH JUDGE LANGTON TO PRESENT ORAL ARGUMENTS WITH REGARD TO GRAZIANO'S RIGHTS TO A JURY TRIAL. THE DEFENDANTS MADE SEVERAL FILINGS ON AND AFTER THE DATE OF THE HEARING INCLUDING AFFIDAVITS WITH FALSE STATEMENTS AS TO GRAZIANO'S SIGNING OF A "BUY/SELL" AGREEMENT AS EVIDENCED BY THE UNSIGNED CONTRACT INCLUDED IN THE AFFIDAVITS (BELOW). ON NOVEMBER 16, 2010 (OVER SEVEN MONTHS AFTER THE HEARING) JUDGE LANGTON ISSUED HIS OPINION & ORDER RULING THAT GRAZIANO IS SUBJECT TO THE ARBITRATION PROVISIONS OF THE STOCK FARM HOA'S CC&RS FOR ALL HIS CLAIMS AGAINST THE HOA INCLUDING HIS DEFAMATION CLAIMS. IN THE OPINION OF GRAZIANO AND HIS COUNSEL THE JUDGE'S RUING IS IN ERRONEOUS ON SEVERAL MAJOR COUNTS INCLUDING THE FACT THAT NO CONTRACT WAS SIGNED BY GRAZIANO AS STATED ABOVE AND AS EVIDENCED IN THE SUSIE THOMAS AFFIDAVIT. ON NOVEMEBR 26, 2010 GRAZIANO FILED A NOTICE TO APPEAL THE DECISION WITH THE MONTANA SUPREME COURT NO DA 10-0580. AS OF THIS UPDATE DAVID COTNER CONTINUES TO REPRESENT THE DEFENDANTS DESPITE GRAZIANO'S OBJECTION. THIS ISSUE IS BEING CONTESTED SEPARATELY." Source with Documents and Full Story. http://jgraziano.com/