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March 12, 2007 7:30pm
UPDATE REGARDING STATUS OF LEGAL ACTION BY JOYCES VS. WEISSES AND HBEHOA
Today I represented HBEHOA at the judicial hearing to decide if the court would sustain a temporary injunction requiring the Weisses to halt construction on their pool deck and enclosure. (See posted legal documents.) At today's hearing, the Joyces and Weisses reached an agreement whereby Joyce's will not contest dissolution of the temporary stop work order on the Weisses. This allowed the judge to issue a ruling to dissolve the initial temporary stop work order that had been issued. Joyce's will not have to post a bond in favor of the Weisses. Weisses are free to continue construction on the pool deck and the pool enclosure at their own risk. Joyce's can now pursue a full judicial court hearing to obtain a permanent ruling against the Weisses to prohibit or have removed the screen enclosure and/or the extended pool deck and to seek damages from the Weisses and/or HBEHOA. The attorney hired by Association's insurance carrier will represent our interests at no additional cost to the association. (You will see this issue explained in the minutes of the Board's March 8 meeting that were mailed out to you today.)
Mediation or settlement remain possible in lieu of a full court proceeding. I will keep you informed if and when the Board receives a hearing notice.
Paul Zacharias President, HBEHOA Board of Directors
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