Lawsuit claims HOA isn’t enforcing its rules

A Clinton resident is suing her HOA for not enforcing regulations against an untidy neighbor.

By Kira Erickson • August 2, 2024 1:30 am

A Clinton resident is suing her neighborhood association for failing to enforce its own regulations against an untidy neighbor, according to court documents.

Ann Haelan is seeking damages for this purported inaction, as outlined in a lawsuit filed May 14 in Island County Superior Court. The documents state that a neighbor owns a property that is in a dilapidated state, with garbage and junk that has been there for over four years.

The complaint concerns the Deer Lake Haven Community Club, which has rules that require “all residences and appurtenant structures shall be maintained.” The association also states in its bylaws that the accumulation of garbage, junk and debris is not allowed, and that no fence or hedge should exceed 6 feet.

However, the court documents claim that the residents have failed to maintain the exterior of their home, and several large tarps along the property line create “a de facto fence, which is an eyesore and over 10 feet high” in violation of the association’s rules.

The regulations include a notice of violation, which requires 30 days to comply. After 60 days of non-compliance, according to court documents, a $100 fine will be assessed, and $100 for each month thereafter. If the property owner is still in violation after one year of the first notice, a lien can be placed on the property and penalties will continue to accrue.

According to the court documents, the Deer Lake Haven Community Club has not assessed these fines nor placed a lien on the unsightly property. The documents indicate that the neighbor’s violations have persisted for over four years.

As part of Haelan’s demands for relief listed in the lawsuit, she has requested an order requiring the association to levy fines against the neighbor and file a lien on the property.

The neighborhood association denied any wrongdoing in an answer to the lawsuit filed July 24. The court documents propose several different defenses, including that the association acted in accordance with its governing documents. The association asked the judge to dismiss the case with prejudice.