Motion For Class Action Certification – Filed 9-25-2020

Update: 10/9/2020 – This motion will be heard today at 3:00 pm.

1. INTRODUCTION

This action concerns a golf course and surrounding neighborhood of 600 residences that was developed as the Homestead Planned Residential Development (“PRD”) in Lynden. Although the Homestead PRD was formed in 1992 and finished by 2013, the homeowners still do not have control over their own homeowners association and are being charged more than $675,000 of maintenance fees per year to maintain 8 acres of common space and 200 streetlights.

The current owner, defendant 18 Paradise LLP (“18 Paradise”), was not even the developer. It purchased the golf course in 2013 after the Homestead PRD was complete but refuses to relinquish control over the homeowners association because of the profits it reaps from the maintenance fees.

This action seeks an order compelling 18 Paradise to turn over the common areas and control of the association and to account for improper profits it has obtained. The eight named plaintiffs ask this Court to certify this case as a class action so that a single decision can conclusively resolve the issues.

Excerpt from 10 page Motion For Class Action Certification – 9/25/2020

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