What will the judge do? The Aspen Times reported a lawsuit in which a homeowner is trying to get back $420,000 in fines and trying to get the court to agree that the other $480,000 in levied fines are uncollectible. The fines were levied because the owner exceeded the 18 months limit on construction of approved projects. According to the article, the home in question has 18,951 square feet and has an assessed value of $7.6 million. The HOA issued final approval for the house project in December 2005, but construction was suspended in 2008 before resuming in 2010. The owner indicated that the economic downturn, municipal approvals and the LEED certification process caused the delays. Eleven years later and the house is incomplete and not certified for occupancy.
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votes
The judge is going to award those fines. The owner is the bad apple we all know.
The judge is going to find that the HOA board was unreasonable; hope the HOA didn't spend that money already.
The judge is going to get very annoyed at both parties and find a way to dismiss the lawsuit.