(a)
|
Mr. Burdet has oppressed the minority unit owners; |
(b)
|
CCC 396 is terminated as a condominium corporation, pursuant to s. 128 or alternative as a remedy for s. 135 oppression; |
(c)
|
Surgeson Carson Associates Inc. is appointed as receiver and manager of
CCC 396 to carry out that termination subject to (d) below; |
(d)
|
The interim appointment of CMG as interim Administrator of CCC 396 will
continue until the expiration of the appeal period of this decision and
during any appeal period and resulting stay of this decision, with the
powers and duties specified in the decision of this court dated April
3, 2012, pending the outcome of such appeal accompanied by a stay.
CMG’s appointment as interim Administrator otherwise is terminated as
of the date hereof; |
(e)
|
The plaintiffs owe CCC 396 common expense arrears and interests, as determined; |
(f)
|
Entreprise Ted Rubac Entreprise' (ETRE) claim as to the December 31, 2001 credit line balance is dismissed; |
(g)
|
ETRE’s claim as to promissory notes 6 and 7 of $20,000 and $30,000, together with interest as determined above, are granted; |
(h)
|
ETRE’s claim as to promissory notes numbered 1 to 5 and 8 are dismissed; |
(i)
|
Mr. Burdet’s claim for his 2001 time charges is granted in the amount
of $20,000, together with pre-judgment interest as indicated above; |
(j)
|
All other counterclaims are dismissed. |