To the Residents of The Manors at Deer Creek,
The Trustees would like to take this opportunity to clear up any confusion regarding the recent court case in which the HOA was involved.
One of our residents requested approval for a fence to extend 10’ from the rear corner of their home, which is a deviation from the Indenture rules. The Indenture states, fences cannot extend past the rear corners of the home. After review, the Trustees granted a deviation and approved the request. The actual location of the fence installed, however, was 40’ from the rear corner of the home. Once the Trustees learned of this, the Trustees endeavored to resolve the discrepancy with the resident. The Trustees tried for several months to resolve this matter amicably without success. The resident refused to comply with requests to remove the fence and install it per the approved deviation. This left the Trustees with the difficult choice of ignoring the issue or pursuing legal remedy. By unanimous vote, all three Trustees decided to seek legal remedy.
After multiple attempts to obtain a summary judgement, to limit the HOA’s legal costs, the case went to trial. The Trustees provided reams of documentation and also testified. The HOA’s attorney exhausted all efforts, but in the end the judge (Dwayne Johnson) ruled against the HOA. This litigation cost the HOA over $40,000, which came from your assessment funds. We do not know the legal cost incurred by the resident.
Everyone has good reason to be upset and even outraged by this event. It was a huge loss to the HOA. Your outrage should be directed to:
1. The resident who violated the Indenture by constructing a fence in violation of the approval.
2. The biased judge who ruled against the HOA, not the Trustees.
The Trustee’s difficult decision to pursue this matter legally was solely to protect your property values.
We hope this answers any questions you may have.