St. Peters, Mo-Da's former board member of the Bellemade Homeowners Association, Sophia Sullivan-Eufinger, resigned when she noticed that the Hoa paid thousands of legal costs over a few fences.
“We will see how we remember the board, and then we will also step back and see what we want to do as a community in the long term,” said Sullivan-Eufinger.
FOX 2 has checked financial documents from Sullivan-Eufinger in the past five years. They show that the legal costs in 2020 rose from $ 485 in 2023 to more than $ 31,000.
Sullivan-Eufinger notes that the ascent matched two complaints submitted in 2022.
The HOA sued two homeowners because they have violated a HOA rule that enables residents to only in their backyards. The accused in the case also fenced their farm on the side of their house.
In one of the lawsuits, a judge wrote that the HOA led legal costs to more than 20,000 US dollars and the case has not yet been concluded.
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The HOA President did not respond to our interview request, but wrote a letter to the community to deal with concerns on social media that partly reads:
“It is unfortunate that very few homeowners do not respect the restrictions that we all agreed. It is our duty to enforce the explanation. Unfortunately, we have pending enforcement measures contained in legal disputes. While enforcement is always the very last option, it is expensive and according to the enforcement section in our explanation. “
But in at least one case a judge disagrees.
In a decision in one of the lawsuits, a judge arose with the homeowners due to a lack of enforcement in other cases. In a quoted example, the defendant lives directly opposite from another property with a fenced side courtyard. The owner of this property was not sued.
The judge also said that the HOA could only receive legal costs if it is the “prevailing party”. The case still takes time because the HOA is now being initiated against this decision.
The lawyer, who represents the homeowner in the case, already has fences who are in compliance with compliance. “
As the legal costs are piling up, Sullivan-Eufinger noticed that the HOA has no roof insurance policy as required by the declaration of trust.
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“You have already spent the money. For the same reason, another goes to court in May. You have already lost. At some point you have to stop bleeding for this community, ”she said.
The HOA also dealt in his letter and explained: “We have and always had insurance on the property for all similarities and physical property with general liability of $ 2 million. We submitted an application to increase the limits of the directive to absorb a roof of $ 5 million that is in underwriting. “
There are other questionable actions, noted Sullivan-Eufinger.
“We have so many problems in this community that we pay our reserves for it and pay our fees. For me it is only stunning, ”she said.
There is currently a petition in the community. If 20% of the homeowners sign it, the Bellemade Hoa forces this to hold a public meeting to answer your questions and concerns.
The Bellemade lawyer, Todd Billy, quit a statement with Fox 2.
“Despite the best efforts of the association to achieve legal disputes with several attempts to achieve mutual decision, the association has two pending lawsuits against owners who violate the covenants who agreed to buy their house. Since these complaints are pending, the board will not make any further comments.
Billy further explained that homeowners and the public are welcomed to check the case online.
“It is surprising and unfortunate that several owners now want the board to ignore the alliances and claim that the board violates the alliances and threatens to complain,” said Billy. “The board, as it has always been, is obliged to serve the entire community, and will continue to do so.”
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