KANSAS – Olathe HOA landscaping dispute heads to appeals court as legal costs near $1 million
Kansas City Star: Olathe HOA landscaping dispute heads to appeals court as legal costs near $1 million
BY JUDY L. THOMAS
October 26, 2018 12:23 PM
Updated October 26, 2018 04:45 PM
As legal costs soar toward $1 million, a years-long court battle over a landscaping project in an Olathe HOA is headed to the Kansas Court of Appeals.
The board of the Avignon Villa Homes Community Association has filed notice in Johnson County District Court that it is appealing a ruling issued in January by Johnson County District Judge Rhonda K. Mason.
Many assumed the ruling would settle once and for all the lawsuit that homeowner Jim Hildenbrand filed against the Avignon Villa Homes Community Association in 2013.
Mason found that the HOA treated Hildenbrand unfairly when it denied his application for the landscaping project. But she also found that Hildenbrand violated the HOA’s rules by failing to fill out the proper application before installing the project, which features a long, low accent wall running the length of his house. So the judge ordered Hildenbrand to pay $25,000 in damages to the HOA.
“The board believes it is important to maintain the viability of our governing documents and to protect our association from future unauthorized construction,” said HOA president Jesse Hernandez. “Therefore the board has decided that the association will appeal Judge Mason’s ruling.” Read more: