Stop Creeks Edge HOA judgement and lawsuit!!

Stop Creeks Edge HOA judgement and lawsuit!!

71 have signed. Let’s get to 100!
Petition to
Creeks Edge Homeowners and residents

Why this petition matters

Started by Emily Jefferys

The Board of Directors of Creeks Edge Homeowners Association is currently in support of an unlawful judgement against the owner and resident of 102 Creeks Edge Dr. This judgement has been turned over to the HOA attorney, Jordan Price, of Raleigh. Currently, Jordan Price has refused to provide any proposal nor any response to meeting requests. Jordan Price is in the act of filing a lien in the amount of $10,000/+ against 102 Creeks Edge Dr.

What is this judgement? How does it affect you? How will it affect the community? Research for yourself Jordan Price and you will learn that they are if not the most expensive, very near the most expensive HOA representing attorney in NC. Our humble community currently foots the bill to pay for all representation and litigation perpetrated by the previous homeowners association board of directors and the current board. In the course of consulting a defense attorney regarding the judgments that have been made against this property, it has been learned that the average lawsuit cost to fight an HOA being represented by Jordan Price is a total of $120,000 and takes an average of three or four years. That means that at a minimum, it will cost between $50-$60,000 for the HOA to bring this lawsuit against 102 Creeks Edge Dr- payable out of HOA funding, which is part of what you pay as a homeowner. It also means that 102 Creeks Edge Dr. will be responsible for paying between $50-60,000 out of pocket upfront to fight Jordan Price regarding this judgment.

Money aside, let’s talk about the judgment that was issued, without meeting or agreeing to meet the homeowner or the resident of 102 Creeks Edge Drive. In February 2021, the resident, in possession of power of attorney of the homeowner, requested to modify the driveway at 102 Creeks Edge Dr. No response from the HOA was given for some time. During the course of several weeks, the HOA responded with numerous requests demanding additional information in order to excuse themselves from any approval. Although our restrictive covenants specify that the HOA must provide an answer of approval or denial within 30 days of a request being submitted, the HOA did not submit an approval or denial within this time. 
The resident attempted to cooperate with all of the information requests and demands given by the ex board. Every single request of information was provided to the board yet no approval could ever be obtained. The board then decided to cite erroneous and fictitious permit and county and state department of transportation codes regarding culverts. The resident contacted North Carolina Department of Transportation and Onslow County Planning & Development and received letters from those two departments specifying that the proposal of the driveway modification met all requirements issued by the county and the state and that no special permits or additional modifications would be necessary. The HOA board made no response.  Despite numerous requests for meetings, the board refused to acknowledge any meeting request. By the end of April, the board asked what the resident’s intention was regarding the driveway and the resident replied that it was her intent to move forward. There was no response from the HOA at all for the rest of the summer.  In the beginning of August, the resident called 811, as prescribed, and the fire department, cable companies, electric companies, water companies all came out and publicly marked the property accordingly. Mid-August, the driveway modification was scheduled and excavation began.

The driveway modification was performed by a licensed contractor with more than 30 years of experience. During the course of excavation, the contractor requested that the resident go to Guy C Lee and obtain additional form boards and a tarp for fill dirt. The resident complied and left the property to go obtain these materials. 15 minutes after the resident left the property, HOA representatives trespassed on the property at 102 Creeks Edge Dr., yelling, harassing, threatening, and taking pictures of the workers on site. The contractor called the resident who was five minutes away, en route home. The HOA representative who was on the property at the time refused to take the phone call and refused to speak to the resident. By time the resident returned to the property, the HOA representative had disappeared and was not heard from again. An hour after this, the HOA representative sent one of their wives down to park in front of the property and take video and pictures, shouting harassment. The resident reciprocated by taking pictures and videos of the HOA wife and she immediately sped away. The resident emailed the HOA numerous times throughout the course of the day and received no response whatsoever.

A couple of weeks later, the resident began receiving notices of violation in the mail from the HOA and the management company that they hired specifically to manage this problem. Additionally, the HOA fired the existing attorney and hired a heavy hitter out of Raleigh - Jordan Price-to be sure that they would have the power to be in fallible after the unsuccessful HOA annual meeting. 

In September, the resident received notification that the board would be holding a judgment hearing. Notification given was between four and six days notice. The resident had an out of state business trip scheduled during that time and was unable to reschedule it. The resident requested that the meeting be held at a time when she was not on an airplane 30,000 feet in the air. The HOA said that it was not their responsibility to work with the resident’s schedule and held the meeting without the resident. Judgment was passed against the resident and homeowner and ever since then, the HOA has been pursuing aggressively to fine, put a lien, and move forward with a lawsuit against 102 Creeks Edge Drive.

With so much litigation being threatened, the resident and homeowner felt that it was necessary to consult an attorney for defense. A local attorney who specializes in representing homeowners against homeowner associations went over the case with the resident. He assured her that her case was very valid and that she would likely win but that the total cost would be about $120,000. He also advised the resident that the current HOA board has the power to completely dissolve this matter. It is 100% within their power to waive any and all prior judgments. They are completely at their own discretion to hold additional meetings, make proposals to rectify the situation, meet with the resident or the homeowner and try to resolve the issue. The resident attempted to meet directly with each of the board members last week. She has been stonewalled and advised to talk directly to their attorneys. Though she has emailed their attorney daily, there has been no response. What this means for you is that the lawsuit is currently going to move forward.
If I can get 50% of homeowners in our community to sign a petition, the HOA will not be allowed to pass this lien judgment or sue 102 Creeks Edge Dr with your hard earned money! This will save the community tens and tens of thousands of dollars, potentially more than $100,000. 
Ask yourself if you want to live in a totalitarian dictatorship controlled by an overreaching HOA who selectively decides what to approve based on their personal relationship with you instead of following the HOA guidelines. Ask yourself if you feel that they have conducted themselves fairly and how you would feel in the same situation. Ask yourself if you want to pay a minimum of 50 or $60,000 in litigation fees over the next three or four years to sue me over a driveway that does not violate any existing restrictive covenants that are currently written into the Creek Edge Bylaws or Restrictive Covenants.
I’m begging the members of our community to band together and speak up. The only power we have is in numbers to overrule them. Please sign this petition!





71 have signed. Let’s get to 100!