Agreement reached in lake area litigation
By
Brandy Chandler-brandychandler@gmail.com
An agreement has been reached between the Enchanted Hills Community Association and a property owner following a civil suit between the two parties in Highland County Common Pleas Court.
Property owner Betty Clark had filed suit against the association, involving the properties in the Rocky Fork Lake area, regarding association member fees. Clark had alleged that the association was not following proper procedures, according to the organization’s bylaws, for raising dues and charging “emergency fees.”
During the proceedings, the board was represented by its president, Margaret Brunner, and attorney Kathryn Hapner, and Clark was represented by attorney Bill Peelle.
According to an agreed judgment entry filed with Highland County Common Pleas Court, “the parties and their counsel represented to the court that they had fully compromised and settled all of the issues and claims that had been pled (sic) in the complaint and counterclaim.
The parties further requested that the court inquire of the parties as to the proposed terms of their settlement agreement and, if acceptable to the court, adopt and approve the same as the order of the court.”
An eight-point agreement was outlined, which stated the organization’s bylaws, that lot owner dues shall be $50 for the first lot owned and $10 for each additional lot owned “commencing in calendar year 2010 and thereafter. No lot owner shall be charged any additional assessment, fees or dues in part. No future increase in the lot assessments, fees or dues shall occur unless a minimum of 60 percent of the lot owners sign a written authorization and consent to the same.”
The court documents noted that Clark was current on her dues through 2009, that the association did not have the right of first refusal to purchase any lots within the subdivision, and “neither plaintiff nor defendant shall hereafter disparage the other nor shall either make any public remarks of a disparaging or negative nature about the other.”
Clark said that she was happy with the outcome of the case.[[In-content Ad]]
Property owner Betty Clark had filed suit against the association, involving the properties in the Rocky Fork Lake area, regarding association member fees. Clark had alleged that the association was not following proper procedures, according to the organization’s bylaws, for raising dues and charging “emergency fees.”
During the proceedings, the board was represented by its president, Margaret Brunner, and attorney Kathryn Hapner, and Clark was represented by attorney Bill Peelle.
According to an agreed judgment entry filed with Highland County Common Pleas Court, “the parties and their counsel represented to the court that they had fully compromised and settled all of the issues and claims that had been pled (sic) in the complaint and counterclaim.
The parties further requested that the court inquire of the parties as to the proposed terms of their settlement agreement and, if acceptable to the court, adopt and approve the same as the order of the court.”
An eight-point agreement was outlined, which stated the organization’s bylaws, that lot owner dues shall be $50 for the first lot owned and $10 for each additional lot owned “commencing in calendar year 2010 and thereafter. No lot owner shall be charged any additional assessment, fees or dues in part. No future increase in the lot assessments, fees or dues shall occur unless a minimum of 60 percent of the lot owners sign a written authorization and consent to the same.”
The court documents noted that Clark was current on her dues through 2009, that the association did not have the right of first refusal to purchase any lots within the subdivision, and “neither plaintiff nor defendant shall hereafter disparage the other nor shall either make any public remarks of a disparaging or negative nature about the other.”
Clark said that she was happy with the outcome of the case.[[In-content Ad]]