Smoking Citations

Two Formal Citations for Cigarette Smoking Supposedly Causing Smoke in the Condo Above

Overview: As I NEVER Smoke, am horrible allergic to smoke, and no one every smokes around me or in my condo, this is impossible.

Letter to Loring Green East Board

RE: Formal Demand for Retraction, Citation Revocation, and Written Apology

To: LGE Board (Loring Green East)

  • Darren Spenser, Board President

  • Curtis Deering

  • John Severtson

  • James MacLachlan

  • Sharron FitzGerald, Secretary

  • Timothy Palmquist

  • Ron Wahlberg, Treasurer

From: Timothy McClernon, Homeowner, Resident, Loring Green East Condo Association

February 10, 2025

RE: Formal Demand for Retraction, Citation Revocation, and Written Apology

 Dear Mr. Spencer and Board Members: Curtis Deering, John Severtson, James MacLachlan, Sharron FitzGerald, Timothy Palmquist, Ronald Wahlberg’

This is my formal demand regarding the false smoking violation citations issued against me.

The accusations are entirely baseless, and I am requesting immediate corrective action.

1. The Smoking Allegations Are Provably False

  • My PCA, Tre R, never smoked inside my unit.

  • After the first notice on Nov 21, 2024, he also stopped smoking on my balcony entirely.

  • He moved out of state on Nov 28, 2024, yet the second notice on Dec 4, 2024, cites dates when he was not even in Minnesota.

  • This proves the accusations against me were knowingly false, recklessly made, or entirely fabricated without proper verification.

2. The HOA Has Refused to Answer Key Questions

  • On December 4, 2024, I directly asked how the HOA determined that smoke was coming from my unit. No response was ever provided.

  • On December 23, 2024, I asked whether I was the homeowner cited in the board minutes.

  • Valerie Adams, Andrea Kalemba, and Darren Spencer all refused to answer this simple yes-or-no question.

  • On January 8, 2025, Valerie Adams finally responded but still did not directly answer the question—instead, she vaguely referenced that I had "been given notice on several occasions."

  • The HOA’s deliberate refusal to answer essential questions demonstrates a clear pattern of bad-faith enforcement, targeted harassment, and willful misconduct.

 3. HOA’s Pattern of Misconduct & Fabricated Claims

The HOA has a documented pattern of selectively enforcing rules against me, including:

  • Holding a secret meeting on Jan 16, 2025, but waiting nearly 3 weeks to notify me of a forced inspection—then giving me only 3 days to respond.

  • Refusing to provide me with copies of communications related to these claims.

  • Manufacturing false claims and enforcing arbitrary penalties without objective evidence constitutes harassment, selective enforcement, and potential legal misconduct.

4. Violation of Vulnerable Adult Protections & Disability Rights

I am a vulnerable adult under Minnesota law and a person with multiple disabilities protected under the Fair Housing Act (FHA) and Americans with Disabilities Act (ADA). Under Minnesota Statutes § 626.557, vulnerable adults are protected from harassment, emotional harm, and financial exploitation—all of which are applicable here due to the HOA’s actions.

The HOA’s sustained refusal to provide transparency, repeated misrepresentations, and failure to correct known falsehoods constitute intentional infliction of harm and may rise to the level of abuse of a vulnerable adult under Minnesota law. This conduct has directly impacted my health, causing unnecessary emotional distress and interfering with my ability to maintain stable housing.

Additionally, under the Fair Housing Act and ADA, housing providers must ensure that enforcement actions do not create undue stress, harassment, or unequal treatment for disabled residents. The HOA’s failure to provide reasonable accommodation—by refusing to disclose key information and falsely accusing me—may constitute discrimination under these laws.

I expect the HOA to take immediate corrective action to avoid further legal consequences.

5. Request for Full Disclosure of HOA Communications

Given the HOA’s repeated fabrication of claims, I demand copies of:

  1. All internal HOA emails related to these smoking citations.

  2. Emails between Valerie Adams and the board about my unit.

  3. Communications between the HOA and their attorney about legal fees being assessed to me.

 The HOA has levied continuous and unexplained legal fees against my unit. I demand an immediate and itemized breakdown of all attorney invoices related to my account, including all board communications with legal counsel concerning my unit. Failure to provide this information may constitute financial misconduct and fraudulent billing practices.

6. Formal Demand for Retraction, Public Correction, Written Apology, and Reimbursement of Legal Fees

 Since this citation was publicly documented, the HOA must issue a formal retraction and apology in the same format and manner as the November 4, 2024, letter sent to me regarding my fine. Specifically:

Format & Delivery

  • The retraction and apology must be in the form of a formal letter from the HOA’s attorney, sent via both email and postal mail, just as the fine notice was.

  • The letter must be on official letterhead and include the same level of detail as the original citation notice

Required Content of the Letter

  1. A formal statement acknowledging that no smoking violation occurred and that the previous citations issued against me were incorrect and unjustified.

  2. An explicit retraction of both the November 21, 2024, and December 4, 2024, smoking citations and confirmation that these violations have been permanently removed from any HOA records.

  3. An acknowledgment that these accusations were false and harmful, and a formal assurance that no further baseless enforcement actions of this nature will occur.

  4. A statement confirming that the HOA will cease all selective enforcement actions against me and will apply all HOA rules fairly and consistently to all residents

    Reimbursement of Legal Fees

  • As a direct result of the HOA’s false accusations and refusal to provide evidence, I was forced to seek legal consultation to defend against these baseless claims.

  • I demand full reimbursement for all legal costs incurred in addressing this matter.

  • Please provide a written confirmation of your agreement to reimburse these costs and the expected timeline for payment.

Public Notice Requirement

  • Since the smoking violation was communicated publicly, the HOA must issue an official correction in the same manner as the original notice.

  • This means that any board members, HOA management staff, and third parties who were informed of the alleged violations must also be notified in writing that the citations were incorrect.

Failure to provide this written correction, public acknowledgment, and reimbursement for my legal fees may constitute a violation of my rights under the Fair Housing Act (FHA), the Minnesota Human Rights Act, and vulnerable adult protections under Minnesota law.

 A copy of your November 4th fine statement [is attached] as an example.

Failure to correct this issue immediately may constitute a violation of my rights under the Fair Housing Act (FHA) and the Minnesota Human Rights Act and could result in formal complaints and legal action.

7. Deadline for Response

I expect a written response by [3 business days from today, matching the timeline you imposed on me].

 For full details, please review the attached letter. A certified copy of this letter will also be sent to the board president. 

Sincerely yours,

 Timothy McClernon 

Attachment: LGE Formal Demand for Retraction, Citation Revocation, and Written Apology, February 10, 2025