Update 5: Homeowner's lawsuit

The judge dismissed the seven claims of action against the association for lack of evidence, and denied the plaintiffs request to have a receiver appointed to run the association and their request to have the Association pay legal fees. Click on the photo to left to see the signed motion.

Prior articles on this subject are located here.

The case is still open and the claims against the Lunts regarding the "dog incident" are still being litigated. A jury trial is scheduled for August. The Lunt's are represented by an attorney hired by their personal insurance company.

The plaintiff and defendant in the suit are currently not residents or owners in the community. One sold their house in 2019. The other sold their house in 2020.

It is a most unfortunate situation when a conflict in a small community escalates and lawsuits ensue. It is an emotional drain on all involved. Hopefully something can be learned from this experience by all involved and in time, fences can be mended.

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 was $1,000.

UPDATE: The plaintiff filed a "Notice of Non-Suit" with the court on July 18 and voluntarily withdrew his claims against the Association with prejudice. This marks the end of any claim for both the plaintiff and defendant. The plaintiff can neither bring the case back to the court nor take it to a higher court.


Popular posts from this blog