The Laurelwood Homeowners Association accused former Board of Directors President Emary Walker of embezzling at least $20,000 in a lawsuit filed October 13 in Rankin County Circuit Court.
The HOA drama began in 2022 when Laurelwood member Jennifer Coney and her husband asked the Board to provide copies of minutes, tax returns, financial statements, list of vendors, and all insurance claims from 2017 to 2022. Ms. Walker was President of the Board.
Ms. Coney was only given a copy of the by-laws. She sued the HOA and Ms. Walker in Rankin County Chancery Court. The HOA fought back as it responded a month later with a motion to dismiss and a motion for sanctions. It claimed the petition "contains insufficient specific facts nor state why the alleged violations qualified for a lawsuit. They argued refusing to allow a review of the records was not grounds for a lawsuit. In other words, the HOA said the petitioner was out of luck if the HOA decided to violate its own by-laws and keep the records from her. Walker and her Laurelwood Norns asked Chancellor John Mclaurin to sanction Ms. Coney. Attorney Thomas Bellinder represented the defendants.
Judge McLaurin ordered the respondents on July 26, 2022 to produce the records within thirty days with the exception of the request for written correspondence. Ms. Coney asked the honorable Chancellor to hold the defendants in contempt because they allegedly refused to produce many of the records. The case settled and the Chancellor dismissed the case. Earlier post.
However, there might have been a reason why the Board President strove so strenuously to deny Ms. Coney access to the records. The complaint states:
8. The records produced to Coney reflect that Defendant Walker embezzled at least $20,000 between 2019 and early 2023. More specifically, between 2019 and early 2023, Emary Walker, the LWHOA President, committed several acts of conversion, converting for her own personal use at least $20,000 of LWHOA funds. The other LWHOA Board members and representatives had no knowledge that Walker had committed these improper acts until the records were discovered due to the Coney lawsuit.
The lawsuit contains few other details. It accuses the Ms. Walker of fraud and gross negligence. It seeks recovery of $200,000 in compensatory damages and $500,000 in punitive damages.
Attorney John Holaday represents the plaintiff. The case is assigned to Circuit Judge Steve Ratcliff.
69 comments:
Why would any competent attorney advise the HOA Board to fight the request for production of HOA records when HOA member(s) are requesting them? That makes no sense.
Inflammatory hateful HOA comments in 5, 4, 3, 2, 1...
This is why most HOAs should require annual audits by a reputable CPA firm.
Why anyone would voluntarily serve on a HOA board, without compensation, is beyond my comprehension.
@ 9:11 am: Because Thomas Bellinder was not working on behalf of the HOA and its members, he was working to defend Emary's theft. Sure, his contract said he was supposed to be representing the HOA and its members, but the contract was just a way for him to get paid for defending Emary at the expense of the homeowners. Bellinder is as shady as they come and should not be allowed to practice law.
The best HOA is no HOA.
Everyone I have lived was run by people that over-enforced rules, under-enforced or selectively enforced. Played favorites.
I'll pass.
An audit is far too expensive for most HOAs, but total transparency would help a lot. Not annually, every month. Post the bank records. Not hard.
Dennis Sweet was Bellinder's mentor.
What I want to know is why the Flowood Police Department has not done anything even though at least one homeowner reported her embezzlement several months ago?
9:59 is absolutely correct
I’m in a small HOA in Madison. It’s pathetic. Our president’s husband has all the maintenance and landscaping contracts. Haven’t had any transparent finance reports in years to show but beg for more money constantly. Such a sham
Well, had it not been for Mrs. Coney's diligence in this matter, it appears that their HOA board would have never even asked to see the financial records. From Mrs. Coney's previous lawsuit, it appears it was her persistence that led to this discovery. But, the question remains, why didn't the board of directors know there was money missing? I mean they had two treasurers during that timeframe and they had access to any and all financial documentation. I think they are all just as liable for not even asking to review the HOA financials. Isn't there something called conspiracy after the fact? So, Mrs. Coney gets the records, shares these with opposing counsel, and yet they wait to move forward with another lawsuit against Walker? You can read the ugly comments this board made towards Mrs. Coney throughout this process on the community Facebook page Laurelwood Line. But, now they want to commend her and use her work to shake down State Farm for money under the premise of employee dishonesty? Were some of the current board members not also on the previous board with Walker? The Laurelwood of Mississippi website clearly lists all the previous board members and many of the new board served with Walker on the previous board. What gives? The names are Todd Fillyaw and Becky McClellan. Mrs. McClellan served as a genearl board member with Walker between 2021-present. Mr. Fillyaw served for the same timeframe. So, did these two not ever ask for financial records?
https://laurelwoodofms.org/wp-content/uploads/2022/04/Meeting-notes-3-23
I've served on several HOA boards. They are necessary to maintain amenities and common areas, and to enforce covenants. The end result is intended to be a somewhat united community and enhanced property values. However, there is always at least one fanatic that gets off scolding people for the depth of their pine straw or preventing them from building a deck or removing a tree "just because". In one neighborhood we had such an individual, and he was eventually caught embezzling as well. But, it was the board that discovered it during a budget review in a monthly meeting -- meetings which were always open to the members.
@9:11- Once again, Jennifer Coney quit commenting under anonymous and spreading your lies. You know for a fact that once Thomas Bellinder found out about the wrong doings of Ms. Walker that he told her that same day he would no longer be representing her in any form or fashion. You are going to get yourself in a lot of trouble with the twisted narrative that you share with the public. This is why your neighbors did not vote for you to serve at any capacity on the LWHOA board.
It is true that Ms. Coney uncovered what appears to be a conversion of funds by the previous president. The all-volunteer, unpaid HOA board, past and present, is appreciative of that. These are good and decent people whose only fault was to believe their neighbor (for a while) instead of the neighborhood busybody who was on an ugly crusade against her best friend's husband's lover. However, I would caution those reading only what Ms. Coney represents. She has repeatedly misstated facts, told/reported outright lies (a LOT of them), and attacked numerous people in the neighborhood, all in what seems to be a desperate attempt to grab power for herself.
It's a civil conversation, but also a felony embezzlement. She needs to see the gray bar hotel.
Bellinder is also "of counsel" for Rukia's Poor People's Campaign. Carry on.
It’s interesting that so many of the past Walker minions still work so hard to discredit Coney when virtually all of her accusations have turned out to be true. The real power grabbing has been by those who worked so hard to obtain proxy votes for the last election. Specifically, the returning board members made damn sure they had enough proxies to make the election go however they wanted it to go.
To whomever posted Coney was lying, your narrative does not track. She literally posted backup documentation on the FB page called Laurelwood Line. Secondly, according to the Laurelwood of Mississippi website, she actually placed second in the votes for treasurer. From what I can understand, the treasurer is not a voting board member nor is it a position of “power.” So, she was literally second to be voted treasurer. As far as who she may or may not be friends with, I am unclear why that is relevant in this conversation. Is there additional information that should be connected with this lawsuit? Why did the board use a different attorney? Seems like Bellinder would have been all over this.
@1:31 - I posted as 9:11. You are accusing ME of what, exactly? I never heard of these people and have no clue in hell where Laurelwood even IS!
I've simply got walking around sense coupled with a credible opinion, both of which are absent in your case.
I'll assume you either misidentified the post which torqued you or you're stupid and full of shit. Pick one.
@3:35 someone seems upset they didn't get the votes to be elected for any position. Last time I checked proxy votes are legitimate. Second place out of two places, secures a loss anyway you twist it.
2023 Annual Meeting Election Results
New Board Members
John Connelly – Treasurer – 82
Kimberly Neighbors – Board Member – 84
Alisa Dinger – Board Member – 79
Rebecca “Becky” McClellan – Board Member – 69
Others Receiving Votes
Kevin Massey – Board Member – 51
Jennifer Coney – Treasurer – 34
Cheryl Burney – Board Member – 30
Charles Coney – Board Member – 25
Randy McCoy – Board Member – 14
Alexandra McFarland – Board Member – 11
Randy Cox – Board Member – 8
Jennifer Coney – Board Member – 4
Kimberly Shows – Treasurer – 2
Phyllis Woodard – Treasurer – 1
Well, to the person on here who obviously has their own agenda, Coney is a better person than most of this board. Seems to me that if she wanted the “power” for herself she could have had most of that board put in jail already. But, facts are facts, and it appears they were all covering their tracks by using Walker as the scapegoat. I mean, that forged check by Walker though, how could the board members miss that if they were overseeing the finances?
Tacky Tacky Tacky
@6:17 but innocent people in jail. Good luck with that.
Touche' 1:31! 9:11/4:12 burned your presumptuous a$$. (Yeah.. like that 'walking around... & credible.."
HaHa!! This is one of the many reasons I so enjoy this site!
5:23 - Thank you for posting the obvious. You did some good for the neighborhood, but in your desperate need for power (and to feel validated), you blew it. You weren’t satisfied with shining a light on wrongdoing, you launched a campaign against good people who were doing their best and probably would not have been blindsided if you hadn’t been so evil in your vendetta against your your scorned friend’s lover. Regardless, you have shown your true colors to the community, and, as you yourself posted, lost. You are not content to show the problem and let the neighborhood move forward as it sees fit, you are actively trying to bend the people in the neighborhood to your will, and all on social media.
@6:17 - what was the rest of the board doing illegal, that you say they used walker as a scapegoat?? What criminal activities were they involved in, that would render you having them put in jail? As far as the forged check by walker, we’ll it’s in your neighborhood minutes that once the other board members and bellinder found out about it, Walker stepped down as president. Sounds like, according to the neighborhood board minutes that once the board members were able to prove the facts, they did the right thing.
All you other HOA “managers” that enjoy your little fiefdoms, take heed. A precedent has been set. I have numerous friends that live in HOA neighborhoods and have been complaining about lack of transparency, lack of record sharing, and numerous activities that violate their own bylaws…. Glad O decided to more out of HOA and Overlay controlled properties!!! :)
Its almost unthinkable to conclude that a group of "grown" people whom you pay neighborhood dues to annually could come to the point of lawsuits, social media banter, and rumors, but here we are. Your job is to make sure no one has a broken down car on their lawn, their grass is reasonably cut, and the Christmas decorations at the front of the neighborhood are accounted for.
that's it...........thats the ENTIRE JOB
stop de-valuing your neighbors homes by acting like children playing king of the hill. In no way is serving on an HOA Board a powerful job, this doesn't make you considered "successful" and no one is ever going to look up to you as a leader for doing it.
grass, broken down cars, and Christmas decorations..........focus on that
" It seeks recovery of $200,000 in compensatory damages and $500,000 in punitive damages."
I hate to be the one to say it, but if she lives in Laurel Wood, there's a better than average chance she doesn't have the $700,000 you seek.
If you like HOA life, join us in Madison, The City. We live in the state's largest HOA.
is this a real law suit or is this an insuance subrogation case, where the insurance company that has the errors and omission (malpractice) insurance on the HOA suing to recoup the money it paid out to settle with Mrs. Coney? If is is a subrogation case, they could sue in their name or in the name of the HOA, which in this instance, is bound to cooperate with and assist the insurance company in recoupiong its money, much like your car insurance comapny suing an uninsured motorist to recoup what it paid on your claim since they got stuck since there was no insurande.
This thread is Exhibit A as to why HOA’s are the work of the devil.
10:20 - It is a civil lawsuit filed by the HOA against the former president.
@ 5:23: well, I am not sure what campaign your pitching here but I did not see where Coney did anything wrong. From what I read,on the various comments towards her on the Laurelwood Sub., Laurelwood HOA Connection, and Laurelwood Line, this board was cutting her down from even exposing her experience with this board. But, you say these are “innocent people?” Please do enlighten us here? So, you treat Coney as the villain, try to discredit her, while yet defending the very people who failed to their jobs? Let’s see, you show grace to criminals but punish the whistleblower, got it! Seems like if this board had nothing to hide, to which they obviously did, they would have released all records when requested. Trying to discredit Coney on this platform is a lost cause. You’re not innocent if you cannot follow your own bylaws. Hell, if some of those folks came at me like that I would have said and done much worse. I really thought the comment made by that former board member, Ken North, was revealing. He said, “if she had been a guy, this would have already been settled.” So, now board members incite violence towards Coney? But, they are innocent volunteers? Yeah..I think there are some HOA board members on here that are just mad their money train as ended.
How was Walker allowed sole access to the bank acct for the HOA? Thats where the issues start. I thought a majority of the non-profit's, including HOA's require two signatures on checks from the account. Someone else had to have known about this and allowed it.
Nov 1 8:05 AM----excellent comment, and it made me laugh.
Nov 1 10:20 AM----excellent question. I'd like to know the answer to that one too.
@11:14 why do you continue to insinuate that other board members were stealing from the LW HOA? Answer the question appropriately with an honest answer, not with six other irrelevant questions. The gaslighting is a little much! If this in fact was the case, then where is the civil lawsuit against the other board members. Did Coney not do her due diligence?
It all seems really simple:
1.Emary Walker turned out to be the crook in the neighborhood.
2.Jennifer Coney turned out to be the villain in the neighborhood.
3.Laurelwood Neighbors just want justice to be served and for Jennifer Coney to put her house back on the market (for the 3rd time).
2:46 - Amen!
This shit is crazy to read. I live in an HOA neighborhood and you don't hear a whole lot out of them but y'all need to clean house up there. The neighborhood doesn't deserve this bunch of idiots at the switch.
@9:11
It's called "billable hours" or--as Steve Miller put it--taking the money and running.
That's why.
all homeowners associations are set up as NOT FOR PROFIT CORPORATIONS.
these such corporations are the easiest form of legal entities to steal and embezzle from.
there is virtually no oversight, other than a yearly audit that most times never gets done.
con artists prey on these type of things.
that's how that ridgeway-lane corporate head managed to steal millions while he was managing several high end neighborhood associations.
Rule number 1 of house hunting: Tell your realtor you do not want to be shown any house in a neighborhood with an HOA or one subject to covenants.
Most of us in the Laurelwood neighborhood think the corrupt president would have been caught eventually. And most of the neighborhood wish Jennifer Coney would just go away.
@ 6:04 p.m., who is “most of the neighborhood?” Seems like Coney was disrupting a whole bunch of leaches! Keep
up the good work Coney! Despite this asshole, we think you’re awesome!
Signed,
The Laurelwood Community!
6:45 - You may want to sign your comment from someone other than “the Laurelwood community.” The majority of the community didn’t want you back in March, and probably fewer do now. Just a suggestion.
OMG!! The same thing happened in my HOA. I set up Google alerts for HOA and embezzlement. I discovered the criminal enterprise that was operating as my HOA board. Board members, employees, vendors who were relatives of board members setting up shell companies and submitting invoices for thousands of dollars and the worst part the HOA attorney. Action is finally being taken. It has resulted in several lawsuits with even the HOA and prior board suing me. I won!
The embezzlement was obvious and when homeowners requested financials they were denied access because if “COVID” or had to pay hundreds of dollars for copies and redaction.
I organized homeowners and I am still waiting for justice. We had been $200-$500k misappropriated. I wish the police, and attorney general would act swiftly in my state.
What I take away here is we cannot have a neighborhood with restrictive covenants, but we do have neighborhoods that have covenants that are damned restrictive.
Another commenter mentioned Coney gaslighting. You should probably look up that word. Walker had a lot of very vocal friends (accomplices?) who spent a lot of time trying to discredit Coney and convince the neighborhood that she was crazy and/or lying. That is true gaslighting, and they are still at it.
There are also a lot of easily influenced people who just want all of the scandal to go away. These are the same people who want to sweep it under the rug when their minister or youth director commits some indiscretion with some young innocent, when you should be calling the police. I like to call them the "what will people think?!" crowd. If you are one of these, you are just as guilty as the perpetrators.
To both of these groups of people, it looks like your about to get $200k of sunshine blown up your backside - a nickel at a time. This should be fun to watch play out. Good work, KF. We look forward to the followups.
I can't understand why the person who discovered, pursued and took action against the corruption and theft is the villain in this saga.
I was a board member of an HOA years ago. My main two jobs were:
1) Keep children from riding bicycles and four-wheelers on the common sidewalks.
2) Prepare and police an annual list of whose turn was when to cut the common ground at the entrance.
Things seem to have changed. I would not doubt but what members take firearms to annual meetings now.
@8:26 the neighborhood spoke at their annual election how they felt about Coney. Enough said.
@ 9:28
things have NOT changed , that's literally the job. What has changed at least for these poor neighborhood residents, is they have a bunch of middle aged lunatics in charge of the committee
to Mrs. Coney and Walker, you should be ashamed of yourself you should take yourselves back to the trailer parks you each slithered out of
@10:46 not clear why Coney should be ashamed of anything. Lady just wanted to know where her money was going. But that Walker person, looks like she just wanted to screw the HOA, literally, and not be called out. Those who supported Walker needs to be locked up with her.
As far as the neighborhood goes, well so many appreciate Coney for her persistence and uncovering all of those corrupt board members. I hope Kingfish keeps us updated. I have a feeling this goes much deeper than a local sociopath with an HOA checkbook. Coney did right and our community hopes to have her around for many years to come. Those on here who say otherwise seem to be part of the Walker regime.
@1:43 "Walker Regime", you just told off on yourself. anonymous my ass!
@1:43 I think you should read the comment from 10:27.
Would you lettuce-heads who appear to support the embezzling HOA president be happy had Coney never pursued this matter and brought it into the open?
It sounds as if she's the only one who 'had the balls' to keep after it and bring this theft to a stop.
You don't have to like her personally but seems you should be happy she saved your asses a lot of money.
My guess, now, is that you people will continue electing the same bunch of gourd-heads who employ the same degree of secrecy and you'll roll the dice thinking that it won't happen again.
12:09 - I believe it has been stated in this comment thread that the past and present board appreciate the apparent misappropriation of funds that Coney (you) uncovered. That continues to be true. What is not appreciated are the misrepresentations Ms. Coney (you) continue to spread, the constant attacks, the constant threats, the wild conspiracy theories, the refusal to see that the rest of the board, past and present, were and are trying to do good by the neighborhood. Perfect? Obviously not. But definitely sincere in their many good deeds for the neighborhood. That you refer to the board as "gourd-heads" and continue to attack the board and other neighbors in the neighborhood is probably (one of the reasons) why you were not elected to the board. The other reason is this -- most of us can see you exactly as you are: a power-hungry woman with a massive martyr complex and a black heart, all while masquerading as righteous.
1:11 - 12:09 back atchu. I never heard of Laralwood and have no clue where it is. Nor am I coney and have never heard of her either, or you for that matter. I'm simple able to see this for what it is and it's baffling to me.
You are all a bunch of hood rats pretending to be middle-class simply because you have double garages, the wife owns a tennis skirt and you pay for an extra garbage cart each month.
The woman did all of you a favor yet you form a flogging gauntlet for her to run through, barefoot. And you can't explain it. Please load up a bus and move east of Pelahatchie where you belong.
@ 12:09 please reference cause no 61CI1:21-cv-00149, it does not appear that Coney ever misrepresented any facts. If you read the depositions and discovery presented by the Plaintiff in this matter, against Walker, concerning Walker's actions in the HOA, which also apparently the HOA was being used as a front for an illicit affair by Walker, it is pretty clear where the misrepresentations are coming from and it is NOT from Coney. I did not ever see where Coney ever attacked the board or any one individual. But, there are many comments from various board members and other members on the various Facebook groups, including Walker, which are very ugly. I am going to be sure to follow the Facebook pages outlined above.
Based on Coney's Motions in her previous lawsuit, there was nothing in that language that insinuated "power hungry." She did not even ask for punitive damages or compensatory damages outside of what was allowed by state law. However, this current lawsuit speaks volumes. It appears that, whoever you are, you obviously have no idea what you are talking about. I also did not see anywhere where the board actually took the time to address Coney's concerns. You just disregarded her as "crazy" and then tried to convince a group of neighbors that your narrative was the only one that mattered. Your statements show your character and also it is indicative of exactly why Coney should have pursued this HOA board.
@1:11 Thank you.
3:33 - I am alarmed at you inviting strangers, on social media, to inspect discovery responses and depositions, which are filled with personal and private information, to review. Since you posted anonymously, I don’t know if you are a party to that litigation or not. However, I am pretty sure that you know none of these documents will be found online or in the official court file, precisely because of that sensitive information. And I suspect you cited that case number in an attempt to lend credibility to your post, hoping no one would call you out on the fact that no one can review these documents.
3:33 - Someone apparently willing to share extremely private, personal information to just anyone is alarming. I think this is something Judge Mills needs to know about.
@7:58, an obviously you know how to access the case. With this knowledge, you obviously know court records are public. But, given the contents of this case pertain to HOA issues, wouldn’t this now become evidence in the new HOA lawsuit? Sounds to me like some board members may have been trying to conceal some important information from its members, yet again. Kingfish needs to keep following the details of this lawsuit. Should make for interesting headlines for sure.
@3:33 - I'm 12:09. You have falsely accused me. I'm the one on here who, although I never heard of this woman before, supports what she did. I know nothing of the personalities involved, but fraud, theft, mismanagement and retribution being sought ought not have anything to do with personalities or infighting among neighbors.
Calm down, take a sitz bath, relax with a bourbon and abandon your sense of self-importance for just a little while.
11:42 - That response made no sense whatsoever.
@1:11- “black heart,” really?! Looks like Coney contributed to just about every fundraiser anyone in that community ever asked to be contributed to. As far as “power” goes, I do not think that was her motive at all. Not to mention, the level of time she put into collecting and itemizing those crazy financial statements. She should be billing that HOA by the hour. She did a better job than the rest of those yahoos ever did! This community owes Coney greatly but the assholes on that board are too stupid to recognize it.
@ 7:58 - how did that conversation go with Judge Mills?
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