The Association has retained an attorney to provide counsel on legal and policy issues. We are regulated by many laws, and we must ensure that we are in compliance when they are amended, or when we amend our governing instruments. We have a lengthy process for collecting late assessment fees before we take legal action, but we must go to court on occasion, either to ensure that all members contribute their share to maintain the common areas, or to defend the members from unfounded claims. Most liens are processed administratively, resulting in payment of assessments or sale of the property. A few notable cases have gone to trial, and the Association has never lost.
SLPA v. Price (1972)
The Association won multiple judgments against the developer of Skyline Lakes, resulting in a series of decrees requiring Price to fulfill the terms of the sales contracts, and contempt of court rulings when he did not. The final suit was settled seven years later, in bankruptcy court, when Price conveyed the common areas to the Association.
SLPA v. Moser (1983)
An SLPA member performed maintenance work on the road near his property without authorization from the Association. After his request for reimbursement was denied, he refused to pay the maintenance assessment. The Association filed a lien and won judgment. Moser appealed and the Association settled the appeal out of court.
Weaver v. SLPA, Dearing v. SLPA (2006)
While on a road in the subdivision, an SLPA member and an associate got into an altercation with another member, who assaulted them. They brought suit against the other member and named SLPA as co-defendant. While SLPA was not party to the incident, the insurance company opted to settle out of court for less than two percent of the damages claimed.
Burns v. SLPA (2008)
An SLPA member filed suit against the Association for breach of contract. The action is still pending.