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CCOC Decision Summary

#631-0, Chlebowski v. Rolling Acres Homeowners Association, Inc., (December 22, 2004) (Panel: McCabe, Leeds, Vergagni)

The Homeowner (HO) complained that his Homeowner Association (HOA) violated state law by failing to maintain records, failing to give him access to the HOA records, failing to hold annual meetings, failing to maintain the proper number of directors, defaming him by inaccurately describing a previous court case between him and the HOA, and causing him to hire a security guard to protect himself when he went to inspect the HOA records.  The HOA admitted some violations but claimed they were minimal.

The Panel found that the evidence showed that the HOA had for several years past violated State laws concerning HOA governance, and that its current management agent is unfamiliar with the HOA's own rules.

The Panel ordered the HOA to comply with several specific state laws and its own governing documents.  It ordered the HOA to refund the HO's $50.00 filing fee, because the HO proved his case with sufficient evidence; but the Panel refused to charge either party with any other costs, concluding that neither side was guilty of delay or misconduct during the dispute after it was filed with the Commission.  The Panel refused to order the HOA to reimburse the HO for his $60.00 security guard fee on the grounds that the HO did not show he reasonably needed such a service, and as to the issue of correcting HOA records concerning the nature of the prior lawsuit, the Panel ruled it had no jurisdiction over the claim and referred the HO to a court action.

Finally, the Panel ordered the HOA to give a copy of its order to every homeowner in the association, and to give semi-annual reports to the CCOC itself as well as to its members for two years certifying its compliance with the specific orders issued by the Panel.

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