The parties, Clay and Lucy Archer, and William “Bill” Gunter and Harry Fuller,  went to court Wednesday, August 5th.
Mediation was tried first.  It quickly became very obvious that Gunter was not informed regarding the “basic mechanics” of website ownership, maintenance, etc., and Gunter stated that he found the site difficult to use.  He brought a statement from the former 2008 interim president  that  would have resulted in perjury had it been read to the court.  This statement demonstrated what an ineffective ‘leader’ he had been and also made false allegations that the HOA bookkeeper had issued checks on her own volition without his or the board’s authority.  Gunter also made statements that it was the content of the website (the October 2, October 13, November 6, and December 15th, meeting minutes) that in his opinion “vilified” the HOA board by reporting their actions and events of those days. This attempt at mediation did not work, Gunter and Fuller would not give an inch.

The parties then went into court.  Gunter presented basically the same material and argument.  Clay Archer presented the case for the Archers.  An invoice from PCWeb stated that in 2006 ten pages had been developed for the website.  Beco Tech’s  invoice for hosting from the beginning in 2006 and in 2007 were finally paid in May of 2008.  Gunter could not document or show that any activity occurred in 2007, therefore demonstrating that the website was not used for board communications and was abandoned after it was presented by Skip Domenick at the November 9, 2006 Replacement Association Meeting. The Archers took over the site in March 2008.

Hardcopies dated on 3/9/2008 of the entire existing website, and notes from the same date of a meeting between the Archers and PCWeb were presented.  The move at the November 6, 2008 meeting when Gunter, Winer, and Pollard acted to shut down the website, in effect forcing the Archers to salvage the site at their own expense, was presented.

Next was presented Gunter’s January 23, 2009 letter to the Archers now demanding the website be returned to the board or the Archers were to pay the board $4,228.90 for it.  Next was presented the website pages that were given to Gunter and the entire board by Gunter’s deadline date of January 27, 2009; also presented was the email sent to each board member and other involved persons with all the logins and passwords for control and maintenance of the website. There was an email response on the same date from Gunter thanking the Archers for this information and transfer.  The impasse occurred when later Gunter demanded even more concessions from the Archers.

Gunter then gave his wrap up speech.  The judge said this was a pretty simple case.  The HOA board wanted a website, the Archer’s provided a website to them.  The HOA had used the website for three years, the HOA board had used third party companies to provide the structure for $4,228 and the Archers had provided the content for free.  Association Members and the board still had full access and use of the website and its content.  The judge said he didn’t see how Gunter and the HOA had been damaged.  No damages were awarded to the HOA board and the judge ruled in favor of the defendants, the Archers.  THE END.

The Archers fully intend to continue developing and maintaining the Community website at www.silverspringscommunity.com at no cost to the Association Members. There is no need to answer a slew of personal questions to get a password.  No password is required for full use of this site.  If an Association Member would like to author a page or make a correction write to [email protected] or [email protected]

Gunter stated that he and Chris Butler had a fourth Silver Springs domain address and had contracted to another third party company for a third website that they launched on May 22, 2009.  The board Minutes do not record that either man was granted authority to do this by a vote of the board.

It should also be noted that none of the board minutes record a discussion or vote granting Gunter or anyone else the authority to file an Affidavit on behalf of the HOA against the Archers.