Brunswick Place HOA

Did you ask your attorney?

If so, he or she no doubt tole you that in almost any lawsuit the plaintiffs (in our suit, Brunswick Place Homeowners Association)will ask that the defendants (in our suit, Brunswick Place L.L.P. and Jon Saye)be required to reimburse all costs and attorney fees related to the lawsuit. If our lawsuit indeed does ask for these reimbursements, and we win, then we will get our money back.

We did have a 2nd meeting

There was not a quorum present for the first meeting, so a second meeting was held.

With all due respect

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You may have voted on moving forward with the lawsuit, but your governing documents do NOT allow for special assessments to be levied unless for CAPITAL PROJECTS.

Litigation is not a capital project. So unless you HOLD ANOTHER MEETING AND CHANGE THE WORDING OF YOUR GOVERNING DOCUMENTS REGARDING THE CIRCUMSTANCES UNDER WHICH SPECIAL ASSESSMENTS CAN BE LEVIED, WITH OR WITHOUT THE REQUIRED QUORUM, then you cannot LEGALLY file a lien against a homeowner who does not agree to pay the special assessment.

The governing documents are specific. You can vote as a group to litigate whatever you want, but you CANNOT vote on putting a special assessment in place to pay for it if your governing documents do not allow for special assessments for anything except capital project expenditures.

To do that, you would need to amend that restriction. Apparently that was not done. Even if the ''documents'' did not ''foresee'' such a circumstance, they say what they say. You CANNOT change what they say UNLESS you follow the prescribed way to amend restrictions in your governing documents. You just can't do it. And a lien to collect would not be held up in court until you do.

By gf board

special assessment stands

I brought your concerns to the association attorney about the validity of the special assessment. I was told that our documents contain the lanquage that we could assess to ''defray the cost of capitol improvements''. The litigation is defraying the cost of that improvement and therefore is allowed as stated in our documents. We are talking about only a couple of homeowners out of all of our nieghborhood that have not paid and will see the leins placed on their property. I would hope that they understand it is not our goal to place these leins. It is only fair that
EVERYONE is paying the same dues as we all live in this great neighborhood. I hope this has cleared up any doubts that you may have.