Dear Fellow Homestead residents and class members.
In early June, we learned of a potential buyer’s willingness to purchase the golf course only, without the declarant rights to collect “maintenance” fees from the 614 parcel owners. We heard there was an actual purchase agreement for this arrangement.
The Plaintiffs, on behalf of the class, were very eager to make a deal. We had our lawyers reach out to Patrick Starr, 18 Paradise’s commercial realtor for the sale of the golf course, with an offer to drop the lawsuit along with all claims to monies 18 Paradise owes homeowners pursuant to the void 6th and 7th amendments [currently estimated at over $1.2 million in refunds], so long as owners were given control over their destiny and their fees going forward. This offer was as an investment in the future of Lynden, and to move on from the litigation that is going on five years now. The Plaintiffs, again on behalf of the class, offered this exact same deal twice over the years to 18 Paradise. This offer fell on deaf ears. Our offer last month was no different. However, our requests via phone and email to meet the buyer and to extend a willingness to work with him was not reciprocated. We don’t even know his name.
Yesterday afternoon we received word from Starr that this potential buyer will not be proceeding with the purchase. The state of disrepair under the ownership of 18 Paradise was too great to overcome. We were told the only way he will purchase the golf course is if he is allowed to keep the Declarant Rights and collect maintenance fees from the 614 Lynden parcels located within Homestead. It is clearly his intention to use these maintenance fees to restore the golf course as his estimates are at over two million in repairs.
It is our firm belief that the Homestead community should be represented by an elected HOA (as required by city ordinance) with a detailed accounting of our maintenance fees. It is also our belief that our maintenance fees should only be used for the maintenance of the common open space, as defined in the declaration, and NOT for the maintenance of a for-profit golf course. If we continue to allow a declarant to have sole control of our declaration, with the ability to amend it at will, our property will remain in jeopardy and our community divided.
In the spirit of continued communication, our lawyers have asked Starr to have the attorney for the potential buyer to contact them.
Our state legislature has passed a bill that eliminates declarant control of Homestead as of January 1, 2028. It would be a shame to have to wait until then for justice.
For now, the plaintiffs continue trying to get an accounting for the class members in the form of refunds from 18 Paradise [and its agent MJ Management] for overpayments on the voided 6th and 7th amendments. Our attorneys filed post trial motions and have a hearing with Judge Freeman to request those refunds. 6th amendment overpayments total approximately $40,000. 7th amendment overpayments are nearly $800,000. Our attorneys are also claiming that Class Members are entitled to pre-judgement interest on those overpayments, bringing the total claims to over $1.2 million. The hearing is on July 21.