Residents pleased with decision on Enchanted Hills Community Association
To the editor:
After filing litigation against the Enchanted Hills Community Association in June 2011, we have finally received a judgment entry from the Highland County Common Pleas Court, from Judge Steven Beathard, in our favor.
The main complaint and testimony of plaintiffs in this lawsuit identified how the association was illegally charging all the members exorbitant fees, dues and additional assessments. These actions were found to be in conflict with the established covenants, restrictions and bylaws of the association.
At the trial in March 2012, the association board members, president and attorney could not provide the necessary proof or any justification for the authority to make changes or increases to any association fees.
It was proven by the plaintiff's attorney, Lee Koogler (with the assistance of William Peelle), by his presentation of evidence, that the association had no authority to alter any dues or fees without a 60-percent vote of all members in writing.
The board president, Margaret Brunner, admitted in her testimony they did not have the required 60 percent since 1973. Therefore, all dues were ordered to reflect the 1973 level of $25 for the first lot and $5 for each additional lot. Also, the attempted charges filed by the board president since that date were deemed null and void by Judge Steven Beathard,
presiding over this case.
This litigation did not address the plethora of complaints we had initially presented. It was determined that our priority was to first address the unjustified fees being imposed on the members.
We plaintiffs wish to extend kudos and our heartfelt thanks and gratitude to Mr. Koogler, for a tremendous job well done.
Sincerely,
Judy and Tony Keltz, Sr.
Hillsboro