Complaint: The homeowners of a development in Michiana have filed suit against their HomeownersAssociation, as well as the developer, I Have Found Me a Home Development, LLC,and individual directors, officers, and principals of the organizations, including David Weiss of Weiss Homes, Inc.. The homeowners allege that the defendants have breached contractual agreements with the homeowners, committed fraud, and negligently administered the Homeowners Association. Their complaint alleges that the Association and the Developer have, through general and special assessments, continually assessed from homeowners more than was reasonably necessary to accomplish the legitimate purposes of the Association and that a special assessment levied in November 2010 far exceeded what would be reasonably necessary for the purposes of the association or the purpose stated in a letter mailed to homeowners explaining the special assessment.The letter stated that the special assessment was necessary because some homeowners had not paid their association dues. Of the approximately fifty homeowners in the association, only four had not paid their dues, with the amount in arrears of approximately $1,000. The special assessment would have raised over $10,000. In their complaint, the homeowners allege that the annual and special assessments have been excessive and used for Developer’s personal benefit and the benefit of the Developer. The case is Pamela Armstrong, et al. v. Northbridge ValleyHomeowners Association, Inc., case number 71D06-1103-CT-00042, in the St.Joseph Superior Court.*Note addition assessments have been issued to homeowners in 5 out of the 7 surrounding Weiss Home developments in the Michiana area with similar circumstances. Some have or will be pursuing legal action.
Tags: Builders & Contractors
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