Tuesday, December 19, 2006

The HOA's Day in Court

Last week Michael Rich and I, along with the Homeowners' Association attorney Phil Smith, met with Judge Mark Hill in his chambers. Residents Ralph and Arlene Udick were also in attendance. We were there to ask Judge Hill, on behalf of Harbor hills Homeowners' Association, to find the Gahans in default for not responding to our complaint of unpaid assessments and non-compliance issues.
Mr. and Mrs. Udick had asked the Judge to grant a Motion to intervene in the case. They wished to have Harbor Hills Homeowners' Association removed as the complainant and replaced by the developer. The Judge denied the Udick's request.
He advised Mr. and Mrs. Udick that normally residents who have issues with their developer or Homeowners' Association band together with like minded residents to pool their funds to hire an attorney to file a class action suit. He cautioned them that they then run the risk of having to pay attorney's fees and court costs should they lose the case. He stated that he normally sees this type of action from mobile home communities.
Judge Hill found the Gahans in default and signed an order dealing with the amounts owed to the Association and with remedying the non-compliance issues. After an attempt to serve the order on the Gahans, the Homeowners' Association will notice the Gahans of the intent of the Association to repaint the home. The results of this hearing are public record and a transcript of the hearing has been ordered by our attorney.
It is our hope to have copies of the hearing transcript available at the Round Table meeting on January 3. We have been told that we may not receive the transcript until later in that week at which time we would make copies available to those interested in reading the details of the hearing. Any Harbor Hills Homeowners' Association members who are interested in discussing this matter or some of the letters that have recently been sent out are invited to attend this next Round Table meeting. Michael Rich will be more than happy to discuss these issues with any residents who are interested in attending.
Mary