Q: Looking for experienced Homeowners Association Litigation against a Lot Purchaser in the Subdivision. Recommendations?
The Lot Owner hired a Builder who admitted to installing a Water Well in a prohibited location on the lot and have exceeded their one-year build timeframe. They are Violating the Purchase Agreement, Deed Restrictions and the Sudivision's Dedicatory Instrument known to as the Site Plan. The Lot Owners' Builder designed the Water Well Site Plan and chose the "specific location" for the Water Well within the Subdivision Predefined Back Area of the Lot. The HOA caught the error while the Water Well was being drilled and notified the Builder and Lot Owners. The Builder proceeded to finish installing it in the wrong place by choice deviating from the subdivision's requirement that all utilities must be installed in the back yard. Now they are suing the HOA because we won't allow them to leave it in the non-compliant prohibited location, we're asking them to pay the fines and associated fees to solve problems that they caused.
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