Dear Homestead Homeowners:
Many of you have recently received letters from Possinger Law demanding payment on behalf of MJ
Management. For those who may have forgotten, MJ Management signed a Management and Lease
Agreement with 18 Paradise under which MJ Management agreed to manage the golf course and
maintain the Homestead Common Open Space.
While acting under the Agreement with 18 Paradise, MJ Management recorded the Sixth and Seventh
Amendments to the Homestead Declaration of covenants and charged Homestead owners an $83
special assessment and raised the maintenance fee from $36 to $93 per month. After the May 2024 trial of our class action lawsuit, Judge Freeman ruled that the Sixth and Seventh Amendments were absolutely void.
18 Paradise terminated MJ Management’s agreement on June 1, 2023. On June 23, 2023, 18 Paradise
sued MJ Management for $265,640.00 that was due under the management agreement. On July 21, 2023, a default judgment for $265,640.00 was entered against MJ Management. A court later set aside that judgment to give MJ Management a chance to respond, but you get the picture.
Based on MJ Management’s records, it appears MJ Management collected more than $1.5 million
under the Sixth and Seventh Amendments. You might think that after Judge Freeman ruled those
amendments void, that MJ Management would be making arrangements to refund the amounts paid
under them. But you would be wrong.
Instead, MJ Management and its previous attorney Jeffrey Possinger are demanding that Homestead owners pay more money. Possinger claims that because post trial motions are now complete – MJ is free to begin collecting fees it is owed. The problem with this is that neither MJ nor Possinger are owed anything. 18 Paradise might be – but they abandoned their claim at trial. And MJ’s claim was dismissed. Furthermore, the case is still live and being appealed. Class members are still represented by class counsel. Neither 18 Paradise nor MJ are represented by counsel [they both withdrew].
Possinger withdrew as counsel for MJ as of August 27, 2025. Any authority of the Court for Possinger to communicate or contact Homestead homeowners/class members, ended on that date.
Accordingly, Possinger has absolutely no basis for the claim. His mass public mailing, was made on false pretenses, pretending he has authority to collect money. More disturbingly, he has done so cloaking himself with false legal authority – a classic example of a Consumer Protection Act (CPA) violation. (Information how to FILE A COMPLAINT with the WA State Attorney General and WA State Bar Association against Possinger is below.)
Last but not least, if Possinger takes legal action against any class member, class counsel will vigorously defend those class members.
Under the Declaration of Covenants, the maintenance fee is owed to the “Declarant.” 18 Paradise is the Declarant and MJ Management is not. MJ Management appears to be claiming that 18 Paradise
assigned the maintenance fees to it. If so, the person making the assignment (here 18 Paradise) has to tell people that. Has 18 Paradise notified you that it has assigned Declarant rights to MJ Management? Anyone who pays MJ Management or Possinger Law runs the risk that 18 Paradise may demand the SAME payments.
We also would point out that the purpose of the maintenance fee was to pay for maintenance of the Common Open Space. Since MJ Management was fired, it did not maintain the Homestead Common
Open Space. It is quite possible that anything that anyone pays to MJ Management or Possinger Law now will just go into their pockets. We continue our advice that you should only pay for maintenance fees to the Declarant 18 Paradise and then only if 18 Paradise provides you with an accounting for fees that have already been collected from you.
What the foregoing means is that MJ’s counterclaim for a declaration that it was owned fees is dismissed by the trial court. No appeal of that judgment was made.
Moreover, MJ ceased to be an agent of the Declarant in July of 2023, when 18 Paradise fired them for non-payment of rent.
Only the Declarant can assert a claim for maintenance fees. The Declarant is 18 Paradise and it did not assert a counter-claim for maintenance fees at trial.
Worth repeating: Possinger withdrew as counsel for MJ effective August 27, 2025. Any authority of the Court for Possinger to communicate or contact class member ended on that date.
Please reach out with any additional questions/concerns or comments by email to: inquiries@homestead-hoa.org.
HOW TO FILE A COMPLAINT
In response to Mr. Possinger’s most recent threat to take legal action if ‘”fees aren’t paid immediately’,” we offer you the following links to file complaints with the WA State Attorney General and the WA State Bar Association. Note, if you feel threatened by his letters, include that in your complaints.
Washington State Attorney General – File Complaint
File Online: General Consumer Complaint Form
File By Mail: General Consumer Complaint (PDF) Form
Then send via mail to:
Washington State Attorney General – Seattle
800 5th Ave. Suite 2000
Seattle, WA. 98104-3188
Washington State Bar Association – File a Complaint Against a Lawyer
To file a complaint against a lawyer, read Lawyer Discipline in Washington … and either complete the E-Grievance Form online or print and mail the Grievance Form to [their] office.
Mail to:
OFFICE OF
DISCIPLINARY COUNSEL
WASHINGTON STATE BAR
ASSOCIATION
1325 4th Avenue, Suite 600
Seattle, WA 98101-2539 or
Email to: intake@wsba.org