11/3/09     

As many of you know, the Shea/ Hamilton lawsuit originally started out as a protest against a  proposed Fitness Center.  Two referendums on this Fitness Center issue had failed due to insufficient votes, according to our BYLAWS and Deed Restrictions.  An independent opinion from an attorney also agreed that the Fitness Center referendum had indeed failed.          

            However, a subsequent Association Board majority of Gerber, Hulse and Schroder seemed to disagree with the Deed Restrictions and indicated that they would possibly go ahead with the construction of the Fitness Center.  This probability caused alarm in many residents who were concerned with the possibility of special assessments and higher maintenance  fees.   I also believe that if this Fitness Center was built, our Association would now have serious financial problems.

            Because of the intent to build the Fitness Center, Frank Hamilton (former Civic Association President) encouraged many property owners to contribute to an attorney fund to fight this decision.   Dave Shea joined Frank Hamilton in this fight and the original lawsuit was filed almost two (2) years ago.  Soon thereafter, this lawsuit was modified to add a fourth (4th) count which challenged the validity of our PRPOA Deed Restrictions.  The lawsuit claims they expired in 2002.  Virtually every one who had contributed to the original lawsuit was now disappointed and totally opposed to this new addition to the lawsuit.

            What had started out as an action to prevent the possible financial ruin of our Pine Ridge Property Owners Association (PRPOA) had turned into a direct assault on its very existence.  Without valid Deed Restrictions, the Association cannot collect yearly Maintenance fees.  Also our property uses and restrictions would be governed by the County rules and regulations (which are much more lenient than ours).  Our property values would decrease since one of the attractions and protections of Pine Ridge are its deed restrictions.  I do not believe that any sensible Pine Ridge property owner would want that to happen.

            For almost two (2) years our insurance attorney (Swift) and our Office has been fighting this lawsuit.  We have gone through State mediation, depositions and loads of legal discovery.  The present PRPOA Board of Directors maintained all along that our Deed Restrictions are indeed valid.

            On October 7, 2009 Judge Patricia Thomas validated our Deed Restrictions.  She ruled in favor of Pine Ridge on the lawsuit's count # 4.  This count had challenged our Deed Restrictions and was the most important part of the lawsuit.  Three other counts remain to be decided.  Two have to do with amendments to the Deed Restrictions and By-Laws.  The third challenges the number of votes needed to pass a capital project.  Check this web-site regularly for updates.

            We will keep you informed of any developments.

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