There is no active HOA at Homestead because the declarant, 18 Paradise, refuses to allow parcel owners to organize a legitimate HOA.
Why do class members want an active HOA anyway? So they can gain control over how much maintenance fee is collected and have accountability on how it is spent.
From New Homeowner:
“We purchased [our home] in March 2022 and we have never rec’d anything in writing from the HOA.
No active HOA exists.
Is there an active board?
No.
Who collects monthly dues …
Unknown
… and how much are we required to pay?
Court order stipulates the declarant is only entitled to collect $36.
Who manages the HOA budget and where are the monthly minutes posted?”
No HOA budget exists because no active HOA exists.
Counsel’s response:
My litigation partner Matthew Davis and I are counsel for the class action against the owner of the golf course, 18 Paradise, LLP.
Here’s some pertinent history.
The golf course, residential development, timeshare accommodations, restaurant, fitness center and clubhouse were part of the Planned Residential Development (PRD) established June 24, 1992 and governed by a Master Declaration which includes Covenants, Conditions and Restrictions (CC&R). The CC&R and a Lynden ordinance require the establishment of a homeowners association, but the original declarant failed to follow through on that commitment. It is the only PRD in the City of Lynden which does not have the required homeowners association.
The original declarant in the Master Declaration then sold the golf course, restaurant, fitness center and its declarant rights to Raspberry Ridge, LLC. Raspberry Ridge, LLC also failed to establish a homeowners association. In December 2013 Raspberry Ridge sold the golf course and declarant rights to the current owner of the golf course, 18 Paradise. Raspberry Ridge still owns the restaurant and fitness center. Since 2014, 18 Paradise has been collecting “maintenance fees” – usually through its contracted agents.
The Washington Superior Court for Whatcom County has entered a stipulated order which has set maintenance fees at $36 per month while litigation against 18 Paradise and others is pending. The order identifies 18 Paradise, or its agents MJ Management, LLC as the payee of the fees. Read a full copy of the order here >>>
Recently, however, there has been some confusion as to whether 18 Paradise will continue to collect the maintenance fee through its agent. As a result, we recommend that you simply wait for communication from 18 Paradise, or its authorized agent, for instructions as to where to pay maintenance fees. If you are contacted by anyone claiming to be authorized by 18 Paradise to collect maintenance fees, you should demand confirmation of that authority.
Many of your fellow homeowners feel deceived and cheated by 18 Paradise and the high handed way it has raised and spent maintenance fees without any accountability. As a result, many Homestead owners have chosen not to pay any maintenance fees at all until 18 Paradise agrees to the organization of its homeowners association and an accounting for misappropriated fees.
As class counsel we have been working in vain for over three years to resolve this dispute with 18 Paradise. The case is currently scheduled for trial on September 6, 2023.
Best Regards,
K. David Andersson
Attorney at Law
Barrister and Solicitor