Court Orders HOA to Pay Fees in Botched Lawsuit
A judge ordered the Sky Ranch HOA to pay defendants $1605 in fees for the botched lawsuit involving a commercial grade pool slide from the roof, and a roof level deck. The fees are related to filing expenses and service. While the lawsuit to enforce the Governing Documents was reasonable, the HOA simply took too long to file the case so the HOA lost due to the statute of limitations. Director David Quinsey stated that he attended multiple events at the residence and that the board was hoping for “an informal ‘over the fence’ resolution of the dispute.” The Ballo’s may now move to recover their attorney fees which will be far more costly to the HOA.
The super secret HOA has not informed the homeowners that their case was dismissed, nor of the ruling regarding the fees. The HOA has also failed to disclose details of the settlement of their lawsuit against Lennar Homes which was settled over two years ago. It is safe to assume that the settlement was not favorable for the HOA.