HOA Watchers Homeowners Associations: Self Governance at its Best and Worst

In the case of APPLEGATE CONDOMINIUM ASSOCIATION, INC. v. APPLEGATE ESTATES, LLC Et Al your lawyers, Zeldes, Needle & Cooper, PC, filed a motion yesterday that will accelerate this case as well as the fees you will be paying them.

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But I did.

Of everything I have read regarding our judicial system this book has been the most helpful and happens to be relevant to the Applegate lawsuit, especially the parts on statutes of limitations

In the case of APPLEGATE CONDOMINIUM ASSOCIATION, INC. v. APPLEGATE ESTATES, LLC Et Al your lawyers filed an OBJECTION TO MOTION FOR NONSUIT FOR FAILURE TO PLEAD yesterday with a hearing on this motion set for September 8, 2026 where they will argue:

In the case of APPLEGATE CONDOMINIUM ASSOCIATION, INC. v. APPLEGATE ESTATES, LLC Et Al your lawyers filed a revised complaint on July 27, 2026 to avoid a hearing on a motion to have the case thrown out that was set for yesterday (August 3). That hearing was called off but last Thursday (July 30) your lawyers filed a Request For Leave To Amend that Revised Complaint cleaning up some typos and adding to three of the Counts:

However, certain associations have a habit of instigating litigation for a variety of reasons. Some reasons may be valid and beyond the control of the board. Other types of legal action may be at the whim of the board and unnecessary. Over the past decade, I have seen many associations sue the developer and subcontractors for construction defects and poor materials and workmanship. Early on, these lawsuits were settled out of court with insurance companies not wanting to incur court costs and legal fees. Over the past several years, insurance companies have tended to take associations to court on these lawsuits. As a result, the potential award (after attorney fees) has been diminished. In some cases, associations have been awarded very small amounts, which left the associations with attorney fees in excess of the cash awards. The fact that an association is involved with a lawsuit is not necessarily a red flag. However, it may be difficult to find out why the association is involved in a lawsuit and what the potential outcome is. (pages 69-70 from The Condo Book)

In the case of APPLEGATE CONDOMINIUM ASSOCIATION, INC. v. APPLEGATE ESTATES, LLC Et Al your lawyers filed a revised complaint yesterday, July 27, 2026) adding these three items to the original complaint that was filed on July 14, 2025: