going back to court

We were taken to court on August 1 because we had not paid our road assessments for 2006. We were protesting 2 seperate and unequal billing policies. When the Judge asked to see the covenants the Treasurer presented him with the newly passed covenants which we contended were illegal. The Judge agreed with us. He made a ruling that the 1972 covenants stood in his court. He was challenged over and over again. He was very patient. He put his court in recess for 1 week until the treasurer could present him with the actual amount spent on the roads in 2006. The second trip into his court room was very interesting. It's a long story, but they defied the Judge..presented a case telling him his ruling was wrong the previous week. He again was very patient and told them his ruling from the week before stood. If they didn't like it they could appeal. He took the number of lots in the subdivision, divided them into the amount spent and told us to pay. We also paid the courtcosts. The amount was less than $150. We wrote the check and gave it to the treasurer. The check was cashed. Today we got a certified letter stating the case is going to be appealed. These are the questions: they were given 10 days to appeal..is that working days or regular days? If they cashed the check doesn't that mean that they accepted the judgement? Please someone let us know before we hire an attorney to represent us.
thanks,
Maryb

I don't know if the HOA has hired an attorney. The issues are: how many properties are in the HOA? Are the new covenants valid..we say no, they are flawed in the process and the content. The Judge attacked one part of the content. Several of us property owners have hired a CAI attorney. He is retained and working on the case to get "injunctive relief" and thinks this going into court on this appeal will be the time to do it..and it would be cost effective for us. I don't know if the HOA has an attorney, everything they do is secret. I guess they will have to do a special assessment to cover the cost of an attorney if one is going to be hired. This is all so petty..we have less than 50 property owners and a road system to take care of. I can't believe all this grief!

Thanks for the imput,
MaryN

Mary,

Did the proper number of homeowners vote for these changes as per your doc's? Did an attorney review these new doc's? Were they filed with the state? When?

There needs to be more clarification on the initial suit. Were you sued by the HOA for dues? and your defense was that the HOA billed you on the new doc's and not the old? Was either side represented by attorney's at the inital hearing?

If an attorney told you that he is going to get "injunctive relief" at an appeals hearing, find a new attorney. The appeals is for the first case only. If you want to sue the HOA, that is another case.