Neighborhood association files suit against homeowners over lax landscaping

NEW ORLEANS – A homeowner's association that terms itself "the realm of the extraordinary" seeks a judgment against homeowners for failing to maintain their property up to neighborhood standards.

English Turn Property Owners Association Inc. filed suit against Dionne F. and Darryl S. Brister in the Orleans Parish Civil District Court on July 11.

The English Turn Property Owners Association claims that the defendants have failed to adhere to the association standards according to yard maintenance and landscaping requirements dictated by the homeowner association agreement.

The Bristers are accused of owing semi-annual and special assessments on their two properties totaling $28,180 in addition to fines in the amount of $6,950 for failure to have essential landscaping and vegetation, failure to restore the landscaping to the original architectural standards committee-approved plan, and failure to maintain the yards on a regular basis to avoid an occurrence of these violations.

According to the suit, the plaintiffs sent a certified letter on Dec. 30, 2009 listing violations as determined by their covenants, conditions, and restrictions. A hearing was scheduled Jan. 12, 2010. The defendants failed to appear and answer the notice of violations. In their absence, the board voted to impose a $50 per day fine for the violations and sent written notice of this decision on Jan. 13.

The defendants began required improvements on May 31, 2010, ceasing the accrual of fines for a total of 139 days and $6,950.00. The fines were due to be paid 30 days after imposition with applied interest rate at a maximum of 18 percent per year. The defendants have paid $6,216.19 toward the debt thus far. Keith Gauchet, manager of the association, also reports delinquent homeowner fees.

An unspecified amount is sought for the delinquent fines (with 10 percent late charge, and 18 percent interest) for assessments, landscaping inadequacies, attorney’s fees and cost of the proceedings.

English Turn Property Owners Association is represented by attorney Jacob Kansas of Gretna.

The case has been assigned to Division H Judge Michael G. Bagneris.

Case no. 2013-6495.