‘It was shocking to get that notice’: Attorney for homeowners in Lakeville sue their own HOA

An attorney for homeowners sue their own HOAAn attorney for homeowners sue their own HOA

Sarah Conlow has a new roof on her Avonlea Townhome in Lakeville, but she’s not too happy about the price tag.  

“I’d really like more transparency and accountability,” she says. “I think we need to have a better understanding of how these decisions are made.”

RELATED: Lakeville residents voice concerns about HOA roof repair; board president responds 

Conlow is among five Avonlea homeowners suing their own HOA, after they each got billed $17,000 for a re-roofing job.

“Yeah, it was shocking to get that notice,” declares Raj Logama Naidu, who’s owned a home in the Avonlea neighborhood for more than four years. “My insurance only covers $1000.”

Conlow says it’s a repair job she didn’t need.

“My hope is that we get a court hearing,” Conlow says. “That they look at all the evidence that we have from across the community and hold off charging homeowners the assessment until we get answers.”

RELATED: Lakeville homeowners trying for change in leadership after concerns about roof repairs 

The lawsuit, filed in Dakota County last week, follows a massive re-roofing project, with a total cost of $2.5 million.

On June 5th, the townhome association sent a letter to homeowners, saying that after a settlement with their insurance company, estimated damages from a July 2023 hailstorm would total $2.5 million.

The repair job would include a full roof replacement for 26 buildings and a partial replacement for six others.

The letter also said the cost would be divided among all 147 units in the association.

FirstService Residential, the property management company for the Avonlea Townhome Association, did not respond to a request for comment Thursday.

But in a June 27th email, a FirstService Residential spokesperson says that following the 2023 hailstorm, the association “engaged GAVNAT Public Adjusters, an independent, third-party firm, to inspect the property. GAVNAT and the insurance company confirmed extensive storm-related damage and ultimately agreed that damage more than $2.5 million had occurred.”

The email goes on to say that under Minnesota law and the association’s governing documents, the HOA board is “legally obligated to repair the damaged roofs. This duty is not optional and cannot be waived or subjected to a vote.”

The roofing contractor is Gittleman Construction and Maintenance Corporation, which describes itself online as an affiliate of FirstService Residential.

Attorney Steven Little, representing five homeowners, says he’s filed a motion to put a hold on the payment process until more information can be shared.

“Most of these roofs have no damage at all,” he says. “We have independent roofing contractors’ reports that show there’s nothing wrong with these roofs. These are people’s homes, and now they’re being threatened with losing their homes for an association lien closure if they’re not able to come up with the $17,000.”  

In an earlier interview, HOA Association Board President Utilis Vinson defended the actions of the roof replacement, saying there were several meetings and notices given before the project began.

“I feel it’s the homeowners’ responsibility to ensure they have insurance and participate in the association,” he said at the time.

Several homeowners have previously told 5 EYEWITNESS NEWS the board had not shared photos or documentation of damage, or information about the bidding process for repair crews.

“That’s possible, because that’s handled by the board,” Vinson told us. “What the board has done is based on information we’ve received from our public adjuster, GAVNAT, as well as FirstService.”

One homeowner shared with us documents about the damage on the association’s online portal.

He says in previous meetings, the board said they would provide a report that showed specific damage for each building, justifying the work.

Instead, a 12-page report showed close-up photos of an unidentified building, with a caption marked July 11, 2023.  

RELATED: Members of a Lakeville townhome association questioning bill for roof damage from a storm 

Naidu, a plaintiff in the lawsuit, says he’d like to see more transparency.

“What we’re asking, is just give exactly building or unit pictures, that report what happened,” he notes.

Little says he hopes to bring a motion before a Dakota County judge to stop assessments from taking place.

“It doesn’t seem in this case that the association has the members of the association’s best interest in mind,” he explains. “But rather, the best interest of the property manager, FirstService, and its construction wing, Gittleman, because there’s $2.5 million at stake here. That’s a lot of money.”

Conlow says she faces a payment deadline at the end of the month.

She hopes a judge will hear her case before then and says she’s been contacted by other homeowners with similar stories.   

“Having to come up with that type of money in such a short notice without the feelings of sufficient evidence,” she says. “Not understanding why all of their roofs need to be replaced. I think we need to have more conversations around oversight to our HOAs, and what they are able to do.”

The post ‘It was shocking to get that notice’: Attorney for homeowners in Lakeville sue their own HOA first appeared on KSTP.com 5 Eyewitness News.