Litigation News

Our Fees. Our Space. Not For Profit.

The Goal

Homestead parcel owners want control over how their restrictive covenants are enforced and how their maintenance fees are spent.

 

The Complaint

The Complaint alleges that Golf course owner 18 Paradise, LLP (Morris Chen) and its management agent MJ Management (Mick O’Bryan and Josh Williams) have wrongfully charged and collected the common area maintenance fee for years. The lawsuit argues that the maintenance fee is tantamount to stealing from homeowners and demands an accounting and a return of any misappropriated funds.

Intended only for private street, street lights and common space maintenance, their fee increase from $36/month in 2019 to $93/month in 2020 (times 600 parcels) exceeds $600,000. 

Recent quotes from local landscaping (referenced in diagram) and electrical contractors (not referenced) indicate maintenance fees should only be a fraction of that amount.

Lend Your Voice

One way homeowners can assist is by providing a statement of approval for the lawsuit. The more owners to express their support, the easier it will be to obtain court approval for the class action. (Read comments)

What is A Class Action Lawsuit?

"The class is defined by the court in an order. We expect that to be all owners who are subject to the monthly fee under the CC&Rs. If the court approves the class action, Homestead parcel owners will be notified. Class members are given the right to opt out of the class action. People who opt out do not get the benefit of the lawsuit and may bring their own lawsuit if they wish. Class members have no risk of liability concerning the lawsuit. Defendants may not assert counterclaims against class members, and class members cannot be liable for attorney fees."
Matthew Davis
Davis Leary, PLLC

FAQ

what will happen if i don't pay the $93 fee?

Nothing. In addition to the Governor’s current prohibition on collection or assessment of late fees, we are seeking a preliminary injunction from Court to prevent 18 Paradise, LLP – Mao Hua (Morris) Chen, from engaging in any collections actions. Consider donating your fee to the trust fund.

Who is "HOAG"?

“HOAG” is an acronym for Homestead Owners Advisory Group, a set of concerned owners who volunteered to meet and advocate on behalf of their neighborhoods against the unfair practices of 18 Paradise and their agent MJ Management, in hiking fees by 158% without any accounting.

What if the golf course shuts down?

Since homeowner dues are only for the maintenance of Common Open Spaces (COS), an absence of those fees should not impact the running of Homestead golf course.

How much land makes up the cos?

The COS or Common Open Space, is less than 10 acres. It is mostly made up of small areas scattered throughout the neighborhoods. Landscaped areas around mailboxes, entry signs with a few shrubs, and a few flowers. (Map)

Can I opt out of class action lawsuit?

If the court approves the class action, yes, class members are given the right to opt out. However, in doing so, they do not get the benefit of the lawsuit.

who pays the lawyer fees?

They’re paid from a trust fund which is managed by a third party lawyer and funded by donations from Homestead Parcel Owners. Learn more >>>

What if nothing changes?

If nothing changes the Declarant, 18 Paradise, LLP (Mr. Chen), can change the Declaration, including raising fees, whenever he wants. He will continue to raise maintenance fees a minimum of 5% a year. So, in 5 years Homestead property owner will have to pay over $1400, and after 10 years over $1800.

Why did the CPA action start and Not the RCW?

The lawyers for the Consumer Protection Act (CPA) action removed financial liability from the petitioners and relied on donations. The RCW action required $30K up front to start, with a possibility of costing up to $50K. Any homeowner(s) that hired that attorney for the RCW option WOULD BE held liable for paying legal fees.

Join your neighbors

If you are a Homestead parcel owner and want control on how membership dues are spent, show your support by approving this lawsuit.

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