Update 4: Homeowner's lawsuit

The Association has filed for a summary judgment in the "pet incident" lawsuit. A hearing has been set for June 30th to hear the summary judgment.

The full trial is currently set for August 9th.

Prior articles on this subject are located here.

Since the original filing in 2019, the plaintiff has added new claims against the association that include:
  • breach of agreement from plaintiffs last lawsuit against the association;
  • complaint about workmanship used in a water leak repair in 2010;
  • complaint about the general condition of brickwork in community, overall;
  • complaint of board members "aiding and abetting" a fraud to mislead the plaintiff regarding the association pet rules.
In addition to the $50,000 sought in the original pleading, the plaintiff has added $330,000 in "lost enjoyment", in addition to compensation for a lower-than-expected sales price on their home, and punitive damages, as well as seeking to force the association to disband the board and go into receivership.

The summary judgement is asking the judge to eliminate and / or narrow the scope of numerous aspects of the plaintiff's case for lack of evidence, expiration of the statute of limitations, lack of standing, and other issues. Summary judgments may be issued on on discrete issues in the case.

The homeowners involved in the suit are currently not residents or owners in the community nor board members. One sold their house in 2019. The other sold their house in 2020. Four of the five board members accused of fraud with respect to the pet rules (2019 board) are no longer on the board or residents of the community.

The Association carries insurance to cover legal fees and shield its owners from the financial risk of lawsuits of this nature. The insurance deductible on this lawsuit is $1,000.

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