Additional Defendants in Lawsuit Against HOA

The following update was included in my Top 9 Motor Court Violators post...

UPDATE 05/07/26: We recently learned that, on April 15, 2026, an individual by the name of "Saul" went knocking on the doors of Willow residents to warn them that my husband and I are suing anyone who parks in the motor courts.  As we informed "Saul" and the HOA President via email, this is inaccurate and it is imperative that we provide clarification for the record, in the interest of transparency, and to alleviate any concerns the community may have regarding this gross and reckless misrepresentation.

We are naming 11 Additional Defendants in our lawsuit against the HOA (which is currently controlled by the developer, Meritage Homes), the majority of which are Top 9 motor court parking violators who:

1. Defied our attorneys' Cease & Desist letters; and/ or 
2. Declined* Alternative Dispute Resolution (ADR); and 
3. Refused to agree to abide by the community's motor court parking rules (among others) going forward and reimburse us for legal fees in connection to our enforcement efforts.  

* There were a few parties who ignored our attorneys' correspondence and allowed the 30-day reply period to expire, which, by default, amounts to a rejection of ADR and allows us to include them in our lawsuit.

It's important to note that the process of issuing Cease & Desist letters and ADR demands spanned several months.  Prior to taking enforcement action directly against these parties, we spent many more months pleading for the HOA's help.  We have been actively attempting to address and resolve the issue of unpermitted motor court parking for over one year now.  Thus, our lawsuit is not something that transpired from one day to the next and we are not blindsiding homeowners with a frivolous lawsuit.  

We have done our best to attempt to resolve our dispute without legal escalation but it has, proved impossible to speak to, what we now know to be a hostile developer-controlled HOA, HOA attorney, and management company that simply have no interest in our input.  It is our contention that the developer-controlled HOA has ignored +/- 100 reports of unpermitted motor court parking going back to Spring 2025 because enforcement is costly and conflicts with Meritage Homes's focus on Sales.  

Beyond that, there is the issue of the membership:  How do you address ignorance about the CC&Rs in the community when the HOA and management company, not only refuse to do so, but actively undermine your efforts?  How does one speak to a fellow homeowner about CC&R violations without causing them to become defensive because they perceive that you are, unjustifiably, dictating what they can do in their new home?  How does one begin to have dialogue with fellow homeowners who are quick to respond with bogus accusations of harassment?  You really can't.

Over the past year, we have sadly learned that, while it is not possible to force other members to engage with us, for better or worse, Section 10.2 of the CC&Rs gives us the right to compel compliance of the CC&Rs against other members via ADR or a lawsuit (when ADR is declined).  Regardless of whether or not we prevail, we firmly believe this lawsuit against the HOA and 11 fellow members of the Willow community will be a valuable lesson for all of us.