The dice are cast! When the process server was trying to serve more than 20 homeowners with a summons and a law-suiton Friday, it became obvious that Terry Brannon and "his board" were unwilling to discuss the issue any further. A very nice letter by attorney Sean Sheppard, retained by many of these homeowners, dated 8-2-2002 and mailed to the association's attorneys on record, explaining the facts and waving the olive branch for further amicable talks, was plainly ignored. It seems this whole issue ends in another legal power struggle. It is absolutely amazing how common sense is being discarded in these association fights among residents. And it seems the result will be going in the same direction as always :
Winner : Attorneys
Losers : Homeowners

In his letter Sean Sheppard explained the facts of the cases and quoted a few of the issues at stake. Some of the cases show that the sued residents were only trying to avoid the weeds encroaching on their properties.

One resident's home suffered more than $ 2,300.00 damage by trees falling on his home. These trees were originally located on one of the green-belts. At his own expense this homeowners paid for the removal of further dead trees after getting no response to letters written to the Shores. 

Other homeowners maintained and improved these green-belts, saving maintenance cost for the association. This was an ongoing issue for many years, obviously even encouraged by former boards and managers. Even written permissions had been granted for this purpose. Many homeowners commented on these nice improvements during recent discussions. 

But Terry Brannon and the current board obviously take a different view from that of the homeowners. And it seems to go the way all these fights among neighbors are going. Let's spend some association dues to find out who is more powerful : the board or the homeowners!
This money, which will and already has been spent, could definitely be used for better purposes - improving common areas in the Shores.

The homeowners, who are in their opinion being sued for trying to make the Shores a better place to live, and a lot of their supporters are working hard to get the necessary petitions to oust Terry Brannon, which seems now the only feasible way to avoid a costly court battle.

The law-suit states :"If Defendants are not immediately enjoined from trespassing on Plaintiff's property, the Service Corp. and the public will suffer irreparable harm."
In my opinion the only one who will suffer irreparable harm will be Terry Brannon and his pride, if these homeowners succeed.

In my opinion, just being an outsider who read all the available material, this law-suit shouldn't have been filed in the first place. All interested parties should be forced to sit down and talk it over. The board, obligated to obey by their fiduciary responsibility, should have found different ways to discuss these issues with the homeowners. A costly law-suit should be only the ultimate weapon if everything else failed. 

But it seems like it is the way in many associations when opinions clash : it is easy to hire attorneys and file law-suits if the homeowners' dues can be used for that purpose.

It is the obligation of our legislators to protect us, the homeowners, from these costly power struggles. Because no matter what the outcome will be, the homeowners will pay the bill - one way or the other!