Maintenance Fee Questions

We have received many questions about maintenance fee checks, and submit the following answers:

Can I contact 18 Paradise directly?
Many of you have told us they sent letters and notes to 18 Paradise, requesting confirmation their check has been received or asking about discounts. Unfortunately, as long as we homeowners are in a class action lawsuit against 18 Paradise, we cannot communicate with them, or they with us, without our lawyers present. To show just how sensitive this issue has become, MJ’s two new lawyers filed a motion to disqualify attorneys Andersson and Davis for speaking to Mick and Josh when they did not have a lawyer representing them. However, we homeowners can still talk among ourselves.

To confirm your check has been deposited, we suggest calling your bank, which many are doing and it’s working fine. And if it helps, some are keeping a separate tally of their payments, in addition to their bank’s records.

Can my check be forwarded to 18 Paradise using Homestead address?
Due to MJ Management and 18 Paradise being completely separate legal entities, there is no shared account or request to the Post Office to forward MJ’s mail (115 E Homestead Blvd) to 18 Paradise (PO Box 329, Lynden). 

Per June 2023 letter from 18 Paradise, the correct payee on checks is: 18 Paradise LLP, and their mailing address is: 
P O Box 329, Lynden WA 98264.  Please notify your financial institutions of these changes if you have automatic bill payments.
Note: “Homestead Golf Course” or “Homestead Farms” or “Homestead” was attached to MJ, an entity who cannot accept funds from homeowners, effective June 30, 2023.  Please remove these as a payee. 

Did judge rule we are to pay $36?
Sept. 2021, Judge Freeman allowed homeowners to pay the previous amount of $36 until a jury decides the appropriate amount for our fees. For those people who want to pay $93, the $57 difference will be kept in a court registry until the trial. If the amount is determined to be $93 at trial, those who paid this amount will owe nothing. If the amount is determined to be $36, those who paid $93 will be reimbursed the $57 difference for each month. But for those who paid only $36, if the jury determines $93 is appropriate, they will owe $57 x months not paid. 

When Judge Freeman heard homeowners were told not to pay the reduced fee of $36, he became very angry with Mr. Andersson and Mr. Davis. The judge had lowered the fees to calm the situation until trial but homeowners being told to ignore his decision was seen as unprofessional and disrespectful. 
Note: It’s never a good idea to be on the bad side of the judge presiding over your case.

What if I have uncashed checks?
Please email us if you have an uncashed check for the months of July, August, September 2023. Per Mick O’Bryan’s deposition (previous post), checks brought to him during those months were placed in a folder but could not be cashed by him. We have started a list to keep track of those for you. 

Is there a discount for paying annually?
Due to the active lawsuits and increased legal actions, any discount offered in the past is no longer available. The correct amount would by $93 x 12 = $1116 or $36 x 12 = $432. Keep in mind, if you choose to pay $36 and the jury decides $93 is reasonable amount, you could owe the balance. 

What do our maintenance fees pay for?
Our electric bill averages $1800-2000 per month, involves 213 street lights, with separate meters for two pump houses, irrigation control, and maintenance shed.

Salaries, equipment, and material for the few individuals maintaining COS grounds which includes mowing, weeding, clearing sidewalks of branches and plant debris, replacing broken/uprooted sidewalk sections along golf course, repairing irrigation leaks, unclogging storm drains, culverts, and weirs, replacing broken rails on our many split-rail fences, repairing bridges not connected to cart paths, maintaining median strips with trees and grass, neighborhood signs and islands with their own landscaping, sport courts, tot lot, and random stretches of COS between homes and streets. 

Maintenance of Homestead park’s:
Aging wooden bridges
Gazebo with rotting, moss-covered roof and live electric wire inside ceiling
Seasonal creek filled with dead trees, a fire hazard in dry summers
Large storm basin with a degraded culvert funneling rainwater into a bio-swale before entering FishTrap Creek.
Irrigation pipes from storm ponds, which are used for watering grassy areas throughout the park.
Each of these need upgrading or replacement. 
Note: Jim and Sharon Vanderzee, the couple who have maintained our COS for 35+ years, verified their paychecks were from 18 Paradise, and to whom they submitted their hours. 

What is not helpful?
Homeowners telling their neighbors not to pay any fees. Why would someone want our community deliberately neglected to the point of no-return?  And then purposely set up their neighbors for a possible lien on their home, late fees, or a lawsuit for non-payment?  With six lawyers involved, this is not the time to treat our situation lightly.  If you don’t believe us, watch a hearing or ask our lawyers, as even the judge has remarked how contentious our case has become.

Who are the legal parties at this time?
There is a class action lawsuit, made up of Homestead homeowners as the class, 11 plaintiffs as their representatives, and two lawyers; Mr. Andersson and Mr. Davis. As the class, we are the plaintiff, 18 Paradise is the defendant.

There is a second lawsuit with MJ Management as the plaintiff and 18 Paradise as the defendant, for terminating MJ’s lease and employment.

There is a filing by MJ’s new lawyers (Meyers and Possinger) to disqualify Mr. Andersson and Mr. Davis but the hearing for that argument was canceled due to one of the lawyers being ill. It has been re-scheduled for Jan. 16th, 1:30 m.

There is a filing by MJ’s new lawyers (Meyers and Possinger) to sue homeowners who have not paid since 2020 but that hearing was also canceled due to one of the lawyers being ill. The details for this filing were featured in Lynden Tribune article.

There are still people who believe that because they chose not to join the lawsuit, they are not legally part of the class. But Mr. Andersson notified homeowners in April 2020, by letter and email, that if we did not want to participate, “Essentially, everyone is in, until they opt out.” And yes, this is legal and how typical class actions operate. 

Lessons learned?
We can now see, after 3.5 years, just how negative an impact this lawsuit has had on our neighborhoods and Homestead’s green, open spaces, some of which will be felt for years to come.  But we want to end on an encouraging note; we are still a faith-based community of neighbors who enjoy living in one of Lynden’s most beautiful neighborhoods.  This is our home and we must continue to work together to preserve and protect our small-town values, friendliness, and breathtaking views! With God, all things really are possible!