MJ’s New Counterclaim

MJ’s lawyer, Jeff Possinger, has filed a new motion to amend their counterclaim. Judge Freeman will hear this motion Dec. 15th at Whatcom County Superior Court in Bellingham.

Mr. Possinger believes the amended counterclaim will be the most effective way to collect past due assessments that MJ Management alleges is owed by homeowners who have not paid maintenance fees since 2020. This amendment will also include certifying the homeowners as a defense class in order to litigate the counterclaims as one class entity.

https://www.possingerlaw.com/mj-management-seeks-defendant-class-action-counterclaim-in-ongoing-homestead-community-litigation

Per Mr. Possinger’s website:
“A Defendant Class Action has been described by some legal commentators as a “unicorn” in the world of class action litigation as they are particularly uncommon, but the attorneys for MJ Management believe that this is an appropriate action for the case that has now been raging in Whatcom County Superior Court for over three and a half years. ‘There is no question that this is an uncommon legal theory,’ says attorney Jeffrey Possinger, one of the attorneys representing MJ Management and other defendants. ‘But it has been used effectively in other jurisdictions around the United States, and it appears that this may be the first time a Defendant Class Action has been brought in Washington State.’”

Our Perspective:
As the legal battles have continued around us, causing further division, we are thankful for those who have faithfully paid their fees, enabling Jim and Sharon to continue maintaining our COS. For those still on the fence, we encourage you to join us in financially supporting our community. Despite what plaintiff lawyers have said, there isnoevidence anyone is using our $36 fees against us. In fact, the only time there’s been suspicion of deceptive practices has been with the plaintiffs’ own trust fund, and that was based on a lack of financial transparency.

Regarding utilities, both restrooms on the golf course have been closed by the city due to non-payment of water bills. We submitted a list of street lights in Homestead that do not turn on at night, to PSE. Their Customer Care has forwarded the list, “to evaluate and repair the lights.”

Meanwhile, electric bills for our 213 streetlights are estimated to be a few thousand dollars each month, not to mention repairing those that have been damaged by cars. With the rainy season upon us, culverts and gravel channels need to be monitored and un-clogged, especially after wind storms, and there are sidewalk slabs, fence posts and sagging bridge planks needing replacement. And there are many more we could add.

Bottom line: Lack of fees means lack of employees, which results in lack of maintenance. Let’s support our community!