Dolly Bay condominium Association is currently a defendant in a lawsuit.
- Count I: Injunctive Relief, Plaintiff’s costs and attorney’s fees
- Count II: Breach of Governing Documents, $15,694.55 + costs and attorneys’ fees
- Count III: Negligence, $15,694.55 + costs and attorneys’ fees
This lawsuit was filed against the association on December 20, 2019, a summons was served on December 23, 2019 requesting written defenses to complaint be filed with the Clerk of the Court within 20 days. The association failed to respond causing a default judgement to be entered on January 17, 2020.
What caused the association to not respond? Did the management company fail to do its job and notify the Board of Directors? Did they notify the President and that person fail to take action? I was on the board at that time and I was not made aware of the lawsuit. Legal proceedings are extremely time sensitive and must be handled in a expeditious manner.
On January 21, 2020 the court was made aware that the association was represented by an attorney and on January 30, 2020 a joint stipulation was filed to set aside the default judgement. The association through its attorney filed a response to the lawsuit on February 4, 2020 and the case remains open.
The management company’s contract was up for renewal in 2020, multiple board members have expressed concern with the performance of the management company (myself included in the past) The current board did choose to renew the contract for an additional year, did the current board know how the management company handled this lawsuit when they made that decision? Did they even know the case had a default judgement entered or were they kept in the dark?
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