Comments on: Bay Creek Lawsuit Settlement Terms Questioned

By: John Boytos

John Boytos — Fri, 10 Jan 2014 01:37:41 +0000

Ron — read the case, allegations, and exhibits and you will see the concerns. The HOA is to serve and speak for the homeowners, not the parties the suit was against. Just because a secret settlement is in the works does not mean the issues have been resolved. It simply means they are being covered up.

By: Lisa Guzzardo

Lisa Guzzardo — Thu, 09 Jan 2014 19:55:51 +0000

Though I am not a lawyer and am nowhere near an expert on this topic, I do agree with Ron. When I received the letter I read it as a positive. It appears to benefit both the HOA and the property owners (we are a lot owner in The Colony). I am surprised by the opposition. What am I missing?

By: Ron Wrucke

Ron Wrucke — Thu, 09 Jan 2014 15:32:27 +0000

It is strange that the Wave is missing (or failed to publish) a bit of history re. this Settlement. Because of a significant increase in HOA delinquencies, Bay Creek took legal action to collect unpaid HOA dues back in 2012 from Galloway, Iberville Properties and other delinquents. In October 2012, Bay Creek obtained a favorable verdict on all cases. Defendants were allowed to appeal, but in order to do so, they were required to post an appeal bond – the only party to do so was Galloway and the Galloway entities. As part of their appeal, they filed the referenced lawsuit (countersuit?) against the Bay Creek HOA and the other identified parties. After a year of discovery, dispositions and legal wrangling, mediation instead of court action led to the settlement in which Galloway agreed to forfeit the appeal bond and be liable for all “assessments as and when they become due”. That’s a big win for the Bay Creek HOA, and I can’t understand why any Bay Creek property owner paying HOA dues isn’t overjoyed with the Settlement. If there was any merit to any aspect of the Galloway lawsuit, you can bet your bottom dollar it would have proceeded to court. The lawsuit against the HOA is dead; the HOA doesn’t have to incur additional legal fees defending itself and trying to collect overdue monies, and the Bay Creek homeowners have one big thorn no longer sticking them in the side. As an aside, the HOA sent out notices to any and all home and property owners … that they have contact information for. If an individual owns property in Bay Creek, and aren’t getting HOA information, that’s your problem – contact the HOA and/or The Community Group and provide current contact information …

By: Steve Downs

Steve Downs — Tue, 07 Jan 2014 19:47:10 +0000

As usual, the devious members of the board of directors of the Bay Creek Homeowners Association have left the residents of the community in the dark. A confusing letter containing no facts or details of the settlement is typical. I hope that every property owner in the development will object to the settlement. I certainly will.

By: Barbara Murray

Barbara Murray — Tue, 07 Jan 2014 16:16:44 +0000

My sister and I own two properties (house and lot) in Bay Creek, and this is the first we have heard of this! I think we are certainly entitled to FULL disclosure of the terms as all property owners will be affected, and likely, not in a good way!

By: Peter Allinson, M.D.

Peter Allinson, M.D. — Tue, 07 Jan 2014 15:07:00 +0000

As an owner of property (House and lot) in Bay Creek, I was surprised to learn about this proposed settlement from an email sent to me by a friend. I have not received a copy of the proposed settlement and can’t help but wonder how many other owners have also not received notice.