1. Yes, it's a whole new look! Have questions or need help? Please post your question in the New Forum Questions thread Click the X to the right to dismiss this notice
    Dismiss Notice
  2. Seeing tons of unread posts after the upgrade? See this thread for help. Click the X to the right to dismiss this notice
    Dismiss Notice

Southern Walk HOA has named Broadlands HOA a defendant

Discussion in 'Broadlands Community Issues' started by cobymom, Nov 7, 2013.

  1. cobymom

    cobymom Sheila Ryan

    Joined:
    Sep 11, 2008
    Messages:
    415
    Likes Received:
    33
  2. KTdid

    KTdid Well-Known Member

    Joined:
    Jun 14, 2006
    Messages:
    3,285
    Likes Received:
    115
  3. GeauxTigers

    GeauxTigers Member

    Joined:
    Aug 25, 2006
    Messages:
    877
    Likes Received:
    10
    I would hope this won't cause any increase to the Broadlands North homeowners as we have nothing to gain in this fight.
     
  4. T8erman

    T8erman Well-Known Member

    Joined:
    Sep 26, 2003
    Messages:
    5,189
    Likes Received:
    228
    Think it is easement related. sigh
     
  5. vacliff

    vacliff "You shouldn't say that."

    Joined:
    Nov 14, 2002
    Messages:
    5,123
    Likes Received:
    235
    Well, if the Broadlands Association has to expend funds on this, then the money comes from the residents. All residents.
    Congratulations SouthernWalk residents! You are now paying for BOTH sides of the lawsuit!
     
    hornerjo and Villager like this.
  6. stevensrmiller

    stevensrmiller Stevens Miller

    Joined:
    May 10, 2006
    Messages:
    91
    Likes Received:
    2
    Apparently quoting from the complaint, the article says Broadlands HOA was named as a defendant, “solely in its capacities as owner of the common areas in the Southern Walk Real Estate Development and as a party to certain easements…”

    Since I'm a lawyer, I find it particularly frustrating not to know what that is intended to mean. My recollection from law school is that a defendant is someone you are claiming has liability for your injury. I've never heard of a complaint with a qualifier like this, so I'm presently baffled. Certainly, I will want the HOA board of directors to ask our own counsel to explain it and try to give us some idea what our exposure is and how to limit our costs of dealing with this. Whatever he tells us it is safe to report to the rest of the HOA membership, I will pass along.
     
  7. GeauxTigers

    GeauxTigers Member

    Joined:
    Aug 25, 2006
    Messages:
    877
    Likes Received:
    10
    Be careful. Such a request may cost you $1500 in legal fees.
     
    boomertsfx and hornerjo like this.
  8. cobymom

    cobymom Sheila Ryan

    Joined:
    Sep 11, 2008
    Messages:
    415
    Likes Received:
    33
    Are defendants to a case required to be notified, and if so, were the Broadlands HOA and Broadlands Associates served with such notification?
     
  9. stevensrmiller

    stevensrmiller Stevens Miller

    Joined:
    May 10, 2006
    Messages:
    91
    Likes Received:
    2
    Yes, and yes.
     
  10. Capricorn1964

    Capricorn1964 Well-Known Member

    Joined:
    Mar 4, 2010
    Messages:
    1,521
    Likes Received:
    81
    Wow....this is going to make both sides lawyers even richer...I can hear them rubbing their palms at the sight of making more dollars.....Kaaaaching! They are all probably laughing all the way to the bank and their vacation homes!!!
     
    boomertsfx likes this.
  11. cogs

    cogs Well-Known Member

    Joined:
    Oct 18, 2012
    Messages:
    392
    Likes Received:
    54
    For the benefit of Broadlands residents, I am attaching the complaint herein.
     

    Attached Files:

  12. cogs

    cogs Well-Known Member

    Joined:
    Oct 18, 2012
    Messages:
    392
    Likes Received:
    54
    I attended the SWHOA's August Townhall meeting with Attorney Rommel. Here is the summary:

    About 4-5 homeowners attended including me. Micheal Simpson, Directory for BHOA and forum user Zeratul were in attendance.

    At one point in the meeting, Erika Cotti, President of SWHOA, was complaining BHOA director Denise Harrover (sp?). Apparently, in 2010, Ms. Harrover was not kind to Ms. Cotti's proposition that SWHOA filing suit against the Developer Van Metre. John Hines, VP of SWHOA joined in the rant claiming Broadlands HOA directors are powerless since Van Metre/Harrover controls 3000 votes. Mr. Simpson corrected Hines that Van Metre's 3000 votes have no influence in the Broadlands HOA's monthly meeting of the Directors. He further offered Ms. Cotti to give him her concerns or requests in writing so he can present them int he BHOA meeting. Ms. Cotti was not receptive to that suggestion.

    I asked her too that if SWHOA feels they can benefit from BHOA they should communicate in writing. Upon my persistence, Ms. Cotti admitted there was no attempt to communicate with BHOA in the last three years and her response to the suggestion that SWHOA should communicate with BHOA now was, (paraphrased) "it doesnt matter, they are all same."

    At this point Mr. Rommel, Attorney for SWHOA jumped in claiming, "there is nothing Broadlands HOA can do".

    If BHOA can do nothing, why name them as a defendant? Weird.

    May be they are expecting BHOA to make statements against Openband and the Developer in the court which would be beneficial to SWHOA, but the egos of some SWHOA board members would allow them to collaborate with BHOA.
     
  13. MikeK

    MikeK Member

    Joined:
    Oct 30, 2010
    Messages:
    178
    Likes Received:
    15
    Does this mean that HOA fees could eventually go up for Broadlands North if we have to also pay legal fees?
     
  14. vacliff

    vacliff "You shouldn't say that."

    Joined:
    Nov 14, 2002
    Messages:
    5,123
    Likes Received:
    235
    Potentially, yes. Maybe the HOA will have an official response once this is looked into further.
     
  15. sowalker

    sowalker New Member

    Joined:
    Mar 29, 2006
    Messages:
    72
    Likes Received:
    0
    It's all Broadlands. The swhoa is ONLY in existence to collect and pay the openband fees.
     
  16. Zeratul

    Zeratul Well-Known Member

    Joined:
    May 18, 2006
    Messages:
    1,743
    Likes Received:
    126
    BHOA is part of the ownership string that is looped into the deeds concerning easements and right of access due to common area land. Because the Federal lawsuits have a complaint about the easements.... BHOA is unfortunately connected to this because of the arrangements Van Metre made in the beginning when all of this was created. BHOA is part of this mess because at some point, the easements have to get cancelled (this is all my opinion and thought - not based on official information).
     
  17. cogs

    cogs Well-Known Member

    Joined:
    Oct 18, 2012
    Messages:
    392
    Likes Received:
    54
    You are right about easement connections to BHOA and Van Metre.
    In the Landsdowne hearing at the district court, developer testified that they have no legal or monitory interest case and walked away.
    If BHOA takes a similar stance and walks away, what would SWHOA gain from it?
    SWHOA would have benefitted with BHOA testifying on their behalf instead of (potentially) against them as a defendant. Real concern here is SWHOA has not made any attempts to discuss any issues with BHOA before dragging them into the court as a defendant.

    Easements come under state and local jurisdiction, that is where they need to be cancelled. This case is filed in the federal court which rules only on the applicability of FCC order.

    (Ofcourse, these are just my thoughts)
     
    Last edited: Nov 11, 2013
  18. Capricorn1964

    Capricorn1964 Well-Known Member

    Joined:
    Mar 4, 2010
    Messages:
    1,521
    Likes Received:
    81
    At the risk of asking a dumb question, but I wonder with the lawsuit pulling BHOA in as a defendant has caused a serious rift in the relationship between both BHOA and SWHOA? Will they allow the SWHOA to continue to use the meeting room and will Van Metre get actively involved in the lawsuit now as they have some representatives on the BHOA?

    I cannot believe the quagmire that this lawsuit has involved the entire neighborhood in. I am confident to say that I think both sides of the neighborhood (e.g. Non-SWHOA and BHOA members) are going to be resentful of the whole mess due to the fees rising on both sides. This most definitely will HURT the values of the homes here and discourage potential buyers from buying homes into this Broadlands community until the ENTIRE mess is resolved eternally as no one can predict what the future costs will be and whether there will be any "special" assessments to be levied in order to defray the legal costs that most likely never will be recovered. Not only that, but I wonder if, in the event that SWHOA loses the latest round in court, will BHOA sue SWHOA to recover their legal fees? I shudder at that thought.

    Oh Lord, its one hell of a mess we all are in and my head and that of others are surely spinning over this and we are all wondering now what our assessments are gonna look like for 2014. I am surprised that there isn't an outpouring of concern popping on the board which leads me to think that people are going to be so willing to (or they have resigned themselves to the fact) fork over additional monies to cover both the BHOA and SWHOA fees. I think SWHOA members are going to be hit on both sides hard financially as vacliff says. Sigh.
     
    diana5869 likes this.
  19. L0stS0ul

    L0stS0ul hmmmm

    Joined:
    Nov 3, 2003
    Messages:
    1,391
    Likes Received:
    57
    There is a ton of concern and there always has been. Its just if you say something against the lawsuit you get attacked by the pro lawsuit people.

    I think at the end of the day people still just don't have as huge a passion to kill openband that our board does so they don't bother with their time. As this hits the pockets more and more that's when people will come out and demand answers. obviously the special assessment and the monthly raise was not enough to anger people to action. If the board levies another one I doubt the outcome will be the same.
     
    KTdid likes this.
  20. Zeratul

    Zeratul Well-Known Member

    Joined:
    May 18, 2006
    Messages:
    1,743
    Likes Received:
    126
    I would urge you to consult with the BHOA on their position... but as far as the meeting space is concerned, there is an official letter informing the SWHOA that they cannot use the Nature Center any longer to conduct official meetings. There is concern with the proximity/co-location of the BHOA Management offices. It is now a risk (my opinion) for the BHOA to allow for SWHOA business to be conducted there while BHOA is named as a defendant in the current Federal Appeals Court case. We, the SW homeowners, can use other BHOA managed space, just not the Nature Center (assuming there are no date conflicts). Fun Fun
     

Share This Page