Residents file lawsuit on RFL community association
By
Brandy Chandler-brandychandler@gmail.com
Fourteen residents of the Enchanted Hills Community Association have filed a civil suit in Highland County Common Pleas Court against the subdivision, regarding the collection and use of membership dues.
The 14 plaintiffs who live in the Rocky Fork Lake-area subdivision – Judy and James Keltz, Donald and Rhonda Brandenburg, Curtis and Anita Brewer, David Clark, George and Jean Geiger, Janet Lederer, Herbert Owens, Donald and Marjorie Ray, and Willis Grove Inc. – are all being represented by Hillsboro attorney Lee Koogler.
The suit is filed against the Enchanted Hills Association and Margaret Brunner, the association’s statutory agent.
In June 2010, a similar suit was settled in Highland County Common Pleas Court between the association and resident Betty Clark. In that suit, 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.”
Kathryn Hapner was the attorney for Brunner and the association in the previous suit. They have not yet filed a response to the separate suit filed by Koogler on June 23, 2011.
According to that suit filed in August 2010, the Enchanted Hills Community Association voted to change the organization’s covenants and restrictions so that “the dues for additional lots having residence that generates trash must pay first lot dues not additional lot fees.”
According to a membership dues statement submitted to the court, plaintiffs are being charged, “$50 for any first lot owned, $10 for any additional lots owned and a $10 fee for legal and court assessments.
“The proposed dues are greater than the amount permitted by the valid restrictions and covenants of the Rocky Fork Point Subdivision and Enchanted Hills Subdivision,” according to the suit.
The plaintiffs are seeking a refund from the association of the “excess fees wrongfully demand(ed) and collected by defendant, Enchanted Hills Community Association and are seeking a refund of overpayments for the years 2007-11.”[[In-content Ad]]
The 14 plaintiffs who live in the Rocky Fork Lake-area subdivision – Judy and James Keltz, Donald and Rhonda Brandenburg, Curtis and Anita Brewer, David Clark, George and Jean Geiger, Janet Lederer, Herbert Owens, Donald and Marjorie Ray, and Willis Grove Inc. – are all being represented by Hillsboro attorney Lee Koogler.
The suit is filed against the Enchanted Hills Association and Margaret Brunner, the association’s statutory agent.
In June 2010, a similar suit was settled in Highland County Common Pleas Court between the association and resident Betty Clark. In that suit, 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.”
Kathryn Hapner was the attorney for Brunner and the association in the previous suit. They have not yet filed a response to the separate suit filed by Koogler on June 23, 2011.
According to that suit filed in August 2010, the Enchanted Hills Community Association voted to change the organization’s covenants and restrictions so that “the dues for additional lots having residence that generates trash must pay first lot dues not additional lot fees.”
According to a membership dues statement submitted to the court, plaintiffs are being charged, “$50 for any first lot owned, $10 for any additional lots owned and a $10 fee for legal and court assessments.
“The proposed dues are greater than the amount permitted by the valid restrictions and covenants of the Rocky Fork Point Subdivision and Enchanted Hills Subdivision,” according to the suit.
The plaintiffs are seeking a refund from the association of the “excess fees wrongfully demand(ed) and collected by defendant, Enchanted Hills Community Association and are seeking a refund of overpayments for the years 2007-11.”[[In-content Ad]]