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Knoll-Century Hill Lawsuit Set To Proceed

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A lawsuit filed by a Knoll-Century Hill subdivision resident against the homeowner's association will come to trial on Dec. 29.

The basis of Aaron Seward's suit is a claim that the homeowner's association held illegal and improper voting proxies to allow directors to amend the association's bylaws in order to purchase a clubhouse in the subdivision.

According to the suit, in April 2007, the association board held a member vote, allowing the association the authority to pass and enforce a special assessment to purchase property from private parties, according to an April 2 Highlands Today report.

Several claims in the suit mentioned that members did not receive adequate notice that the vote was going to take place, they did not receive a copy of the proposed amendment and the vote was taken by a show of hands without being recorded.

The clubhouse in question has been a community fixture for years and residents have had holiday meals in the dining facility and played shuffleboard outside. It was privately owned by a citizen, who later decided he wanted to sell it to the homeowner's association, the report stated..

In May, residents had to start paying a $1,000 fee that will be placed in an escrow account for the clubhouse's potential purchase.

Seward did not wish to comment on the upcoming lawsuit.

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