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Civil Complaint: Forest Brooke HOA Board Cosmetic Project

The text below is the legal complaint prepared against the current Forest Brooke HOA Board and its representatives.

Without Prejudice

The Forest Brooke Homeowners Association (HOA) Board members have acted without regard for the Total Association of homeowners, were negligent in their fiduciary duties to responsibly manage and utilize community funds, did not disclose or seek consensus on a materially significant cosmetic project, and failed to abide by the Forest Brooke Homeowners Covenants and Bylaws.

When questioned and presented with the precedent of homeowners' original landscaping facts and concerns, the HOA Board continued with the cosmetic project without consideration of this new information, did not halt to collect further input and reach a new consensus, and showed no due regard for community concerns.

The HOA Board is negligent, possibly criminally so, in the context of the Forest Brooke HOA Covenants and Bylaws, where:

Remedial Action

A petition is underway to gather signatures from forty-seven homeowners in the Forest Brooke subdivision representing a simple majority of the Total Association Vote to invoke Article III-A Section 6 Removal of Directors.

The petition requires the immediate removal of the President, Vice President, Secretary, and Treasurer of the current Forest Brooke Homeowners Association Board and a Total Association vote to nominate successors for these positions.

The new HOA Board will be tasked with enacting remediation of the misgivings, issues, and errors of the current Forest Brooke HOA President, Vice President, Secretary, and Treasurer, including recovery and return of funds from homeowners whose properties have materially benefited from these misgivings, issues, and errors.

The amounts proposed for financial recovery from the specific homeowners are:

The detail of these amounts is presented in Asset 6 and Asset 7. These amounts are tentative and will be adjusted when the final estimated total of $37,250 is updated to reflect actual charges spent by the HOA Board on this disputed cosmetic project.

The HOA votes and the right of enjoyment of Common Property and amenities for the homeowners from whom the amounts are to be collected are suspended until the full amounts have been returned to the HOA funds.

This complaint and remedial action contain no representation on behalf of or as a proxy to the four homeowners whose properties materially benefited because of this disputed cosmetic project.

Bylaw Article Enactment Reference

Extract from Bylaws of Forest Brooke Residents Assocation, Inc.


Board of Directors: Number, Powers, Meetings

A. Composition and Selection.

Section 6. Removal of Directors. At any regular or special meeting of the Association duly called, any one or more of the members of the Board of Directors may be removed, with or without cause, by a majority of the Total Association Vote, and a successor may then and there be elected to fill the vacancy thus created. A director whose removal has been proposed by the Owners shall be given at least ten (10) days' notice of the calling of the meeting and the purpose thereof and shall be given an opportunity to be heard at the meeting. Additionally, any director who has three (3) consecutive unexcused absences from Board meetings or who is delinquent in the payment of an assessment for more than thirty (30) clays may be removed by a majority vote of the directors at a meeting, with a quorum being present. This Section shall not apply to directors appointed by Declarant.

Forest Brooke HOA Case Assets