KSN attorneys Kelly Elmore and David Jacuk were recently awarded favorable rulings in Stuart Manor Estates v. John Piper and Anna Piper and two other related matters in Morgan Superior Court 3 (Morgan County, Indiana).
Husband and wife, John and Anna Piper (the Pipers) owned a property in Stuart Manor Estates HOA (the HOA). For the second time since the Pipers purchased their property, the HOA sent notices to them requesting that they bring their property into compliance with the Association’s covenants by removing dead vegetation debris from their lot.
The Pipers did not comply after multiple notices from the HOA, so the Association elected to utilize its “self-help” provision.
The HOA hired a tree service to enter the property and remove the debris. The Pipers sued the Board Director and the tree service for entering their property. The HOA filed a counterclaim against The Pipers for attorney fees and past due assessments.
When attorneys Elmore and Jacuk completed their arguments in the three cases, the Court ruled that:
- The HOA did indeed have the authority to enter upon the property to correct the covenant violation; and
- The tree service carried out its work on behalf of the Association as authorized by the HOA’s governing documents; and
- The HOA was entitled to recover its attorney fees on these matters, as well as past due assessments, from the Pipers.
If your community has legal concerns, do not hesitate to contact our law firm by calling 855-537-0500 or visiting www.ksnlaw.com.
Since 1983, KSN has been a legal resource for condominium, homeowner, and townhome associations. Additionally, we represent clients in real estate transactions, collections, landlord/tenant issues, and property tax appeals. We have four office locations, serving hundreds of clients and thousands of communities throughout Illinois, Indiana, and Wisconsin. Our attorneys are also licensed in Arizona, Florida, and Missouri.
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