HOA Lawsuit

Our HOA filed a lawsuit against us in April of this year, claiming we do not have ARC approval for a pathway, that’s been there for years, and is the primary entrance to the backyard of our home. We tried to communicate with them for months, with no response.the board failed to follow state law and their own policies per HB22-1137, regarding violations. They have inundated us with falsified violations, changing dates and lying about how or who identified alleged violations. Their legal fees are already in the tens of thousands and climbing, along with our own legal fees approaching $30,000.00 to defend ourselves from this frivolous lawsuit. They have created numerous committees all hand selected appointments and even have “anonymous” committee members that no one knows what duties they perform. Meanwhile nearly everyone of their homes are out of compliance in one or many ways.

Our HOA board through their attorney has now offered to drop their lawsuits and everything against us if we will just “SELL” our “HOME” of 6 years, the Home our twins, our Son & Daughter have grown up in, and uproot our family, somewhere other than Erie Village. If we are willing to do so, they said their insurance company will pay us $5,000 bonus upon the closing of the sale of our wonderful Home, a home that has won numerous Christmas Light contests year after years, we have Santa Clause visit for the kid’s & community nearly every year, we had over 500 trick or treaters last year and planned on 700 this year, our home is fully decorated as professionally as anything you can compare too, in fact the party goers travel around our entire yard and home winding their way through those pathways, this year we cancelled due to current situations.

This has been a several years (5+) Ongoing onslaught of lies, falsifying documents, planning and plotting to get our family out of “their” community with the HOA, knowing their end goal is to try and get us to leave. We have submitted 2 ARC requests in the last year and a half, both were denied, either arbitrarily or what we believe is outside of the scope of the authority of the HOA. The board has tried to silence us at every turn, making accusations during open public meetings, then muting our mic so we can’t defend ourselves, they report any and all comments we make about this in on any and all social media platforms, reporting our accounts, claiming we don’t live here, or any other tactic to silence our freedoms. They have been part of countless (60+ calls) police reports against us, they’ve (board members and their spouses) tried to have welfare checks against us, claiming I am a danger, and “will kill someone”, even though they have no evidence to support their claims. This is bullying, discrimination, stalking, torturing and torment on a whole other level, it seems to be the new form of “redlining”. un-American, a violation of Civil Rights, the worst violation of a Family seeking Home ownership and community, a family that gives thousands of dollars in food, ice cream, and entertainment through the year, a family that spend days, weeks cleaning up the community and doing the ice and snow removal work the HOA is responsible for.

All the while this board has failed to fulfill their fiduciary duties, failing to maintain common areas to the standard they hold our property to, failing to ensure safe snow removal as outlined in the contract, failing to maintain safe parks for our children, neglecting identified and reported hazards for years, just to name a few. They have chosen to spend tens of thousands of dollars of the community’s money on a frivolous lawsuit against us instead of taking care of the community and acting in the best interest of the community.

This story is even more disturbing when you understand that the Law Firm spearheading all of this, and the attorney in charge of this 13 + years ago attempted “judicial foreclosure” on my previous home over $187.00 in past dues, this attorney then cost us tens of thousands of dollars of our legal fees, and charged to nearly $25,000.00 in legal fees all over that $187.00. The entire HOA board at the time in Todd Creek didn’t even know this was happening. It was the president, the manager and this attorney.