Plaintiffs’ Reasons to Continue Litigation

Our plaintiffs posted 6 false claims on their website.  We have listed each, followed by a researched reality check by homeowners.  You be the judge!

Plaintiffs Claim:                                                                                                                                 

1. Plaintiffs still represent the majority of parcel owners

Reality Check:

1. Plaintiffs still reject Judge Freeman’s ruling the plaintiffs no longer  represent the class to allow open communication with 18 Paradise, the #1 request from homeowners. These lawyers filed 2 lawsuits at homeowners’ expense, argued over 4 years before 2 judges, and now the judge’s decision is unacceptable?  

Plaintiffs Claim:

2. Homestead Parcel Owners still have not received an accounting of where their maintenance fees are spent

Reality Check:

2. Homestead Parcel Owners still have not received a valid accounting of where their maintenance fees were spent from the Litigation Trust Fund,  as recommended by David Andersson in Jan. 2020.  The list submitted by Trustee Nicholas Berning was not on a spreadsheet, contained no dates, no number of payments, no addresses except for some condos, and inaccuracies, preventing us from verifying any of it. 

MJ was accused of not having “transparent” records which led to mistrust and legal actions, but our Trustee does the same and we’re ok with it?

Plaintiffs Claims:

3. Homestead Parcel Owners still do not have any say or approval authority on where, or for what, their maintenance fees are spent

Reality Check:

3. Homestead Parcel Owners still do not have any say or approval authority on where, or for what, their Trust Fund fees are spent. Per Mr. Davis’ expense report, he charged $297.50 to “work with Lisa on website graphic,” and $212.50 to answer plaintiffs’ “realtor questions,” both charged to our homeowners’ Trust Fund.  How are these lawsuit–related?  

Plaintiffs’ Claim:

4. Homestead Parcel Owners still do not have any recourse (other than litigation) if and when the now, or future, Declarant fails to meet his obligations or changes the Declaration

Reality Check:

4. Homestead Parcel Owners still do not have any recourse (other than to fire the lawyers, decertify class action, force settlement through mediation) if and when the now, or future plaintiffs and our lawyers fail to meet their promises of $25,000 per household, $15 million settlement, and a golf course the city of Lynden will not allow to be closed.

Plaintiffs Claim:

5. Homestead Parcel Owners still are forced to pay for maintenance of property owned by 18 Paradise, even though Lynden’s ordinances do not allow private ownership of common open space  

Reality Check:

5. Homestead Parcel Owners still are coerced to pay legal expenses incurred by lawyers Andersson and Davis while our community continues to deteriorate. Lynden’s ordinances do not allow private ownership of COS today, but they did 30+ years ago, which worked out for those purchasing parcels such as, “Tract A Common (Space)” at the corner of Homestead Blvd & Depot Rd, a site where David Andersson owns condos. 

Mayor Scott’s letter to plaintiffs: “That the Homestead PRD CCRs would not be consistent with state law today, or that the City would not approve them today, makes little difference. We must look for the best solution under the current conditions.” 

Plaintiffs Claim:

6. Homestead still is the only Planned Residential Development (PRD) in the City of Lynden without a homeowners association, even though city ordinances require us to have an HOA.

Reality Check:

6. Homestead still is the only Planned Residential Development (PRD) in the City of Lynden without a single homeowners association; we actually have several (Fieldstone, condos). City ordinances do require us to have an HOA which – fortunately for us – has been confirmed by Mr. Davis in his NOTICE OF CLASS ACTION letter sent to all homeowners 12/24/20:

“The CC&Rs for Homestead created a homeowners’ association called the Homestead Owners Association (the “HOA”) and if you own Homestead property, you already are a member of the “HOA”. 

As well as on Plaintiffs’ Website: Title: The Truth About the Homestead Homeowners Association By: Matthew Davis  “Homestead already has an HOA. It was formed in the restrictive covenants that were recorded in 1992. Those covenants state: “There is hereby established an Owners Association to be known as the ‘Homestead Owners Association. They also state that every person who owns a property in Homestead is automatically a member. Whether the owners know it or not, they have an HOA, and they are members.”                                                                                                                             

“The question [homeowners] should be discussing is not whether to have an HOA, but instead whether to have control over [their] existing HOA.”

And just so there’s NO doubt whatsoever, Mr. Andersson offers this proof:                                                                                                   Jan. 30, 2020: Mr. Andersson paid $50 to incorporate our HOA, elected himself our Board of Directors, filed Annual Reports with the Secretary of State and paid renewal fees each year.                                                                

On our legal HOA document he filed illegally, where it asks for “Business Name,” Mr. Andersson typed:

“Homestead Owners Association.”  

We’re convinced!  Why aren’t they?