HOA Settlement Agreement

SuzyS (Arizona)
Posts: 10

Posted:

Our HOA made a settlement agreement for a law suit that we were not part of with a neighbor. The settlement agreement effects us and we had no part in it. We were singled out from the rest of the community, had no voice and now are being threatened with a law suit for non-compliance. We now have a lawyer and he is trying to figure out how this ever happened when we were not part of the lawsuit.

It's a living nightmare.

GloriaM (North Carolina)
Posts: 829

Posted:

Suzy:

You will have to elborate a little more, only if you are seeking advice or an opinion. Your post gives no detail for anyone to respond to.

SuzyS (Arizona)
Posts: 10

Posted:

I am seeking advice and experience. The lawsuit lasted for almost 2 years and we were kept in the dark. Our neighbors didn't like the building that was approved by all parties (including themselves) on our property. They sued the HOA. The lawsuit went no where but they continued saying that our building caused problems for them...In short, they are not happy with the building so they will pick on anything to let everyone know that they are unhappy. The Insurance company for the HOA didn't want to go to trial because it would have cost their company big money. They made a settlement and that is where we got brought into things. We have been harassed by the new board that signed off the agreement. The first two boards refused to sign the agreement and werre threatened. (The board has copies of the information and threatening letters.)

The new board changed some verbage in the settlement agreement that was blatently illegal but they arrived at the same point. They illegally allowed our neighbor to build a water retention wall that now completely stops our overland water flow (as platted and designed). We are in a flood plain area. All words about water flow were removed from the signed agreement and yet, that is what they did.

They left us out of being part of the community as a release from the settlement and left us open to be sued.

They sent us a letter that we will be sued if our motion detector security lights are not removed. Our lights have been approved by the past board, and the town.

We have had to hire an attorney to fight these bullies. We are part of the community, have the same CCR's, pay the same fees and yet, we are being treated as outcasts.

This should give you enough to ponder. It stinks.

SuzyS (Arizona)
Posts: 10

Posted:

I am seeking advice and experience. The lawsuit lasted for almost 2 years and we were kept in the dark. Our neighbors didn't like the building that was approved by all parties (including themselves) on our property. They sued the HOA. The lawsuit went no where but they continued saying that our building caused problems for them...In short, they are not happy with the building so they will pick on anything to let everyone know that they are unhappy. The Insurance company for the HOA didn't want to go to trial because it would have cost their company big money. They made a settlement and that is where we got brought into things. We have been harassed by the new board that signed off the agreement. The first two boards refused to sign the agreement and werre threatened. (The board has copies of the information and threatening letters.)

The new board changed some verbage in the settlement agreement that was blatently illegal but they arrived at the same point. They illegally allowed our neighbor to build a water retention wall that now completely stops our overland water flow (as platted and designed). We are in a flood plain area. All words about water flow were removed from the signed agreement and yet, that is what they did.

They left us out of being part of the community as a release from the settlement and left us open to be sued.

They sent us a letter that we will be sued if our motion detector security lights are not removed. Our lights have been approved by the past board, and the town.

We have had to hire an attorney to fight these bullies. We are part of the community, have the same CCR's, pay the same fees and yet, we are being treated as outcasts.

This should give you enough to ponder. It stinks.