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Homeowners' Association Sues Local Landowner Over Building Restrictions Violation

LOUISIANA RECORD

Thursday, December 19, 2024

Homeowners' Association Sues Local Landowner Over Building Restrictions Violation

State Court
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A contentious property dispute has reached a pivotal moment as the court rules in favor of a homeowners' association against a local landowner. The Lake at the Bluffs Property Owners Association and Jason Rasti individually filed a complaint against Gary Hill in the 20th Judicial District Court for the Parish of West Feliciana, Louisiana, on May 25, 2023.

The dispute centers around The Lake at the Bluffs subdivision, developed by Bluffs’ Lake, L.L.C., through its manager Richard Dodson and owner Richard Dodson Jr. In November 2021, before selling any lots, Bluffs’ Lake recorded "DECLARATION OF COVENANTS AND RESTRICTIONS for LOTS 1 through 14 of THE LAKE AT THE BLUFFS" at the request of Jason Rasti and his family. These covenants were meant to regulate building standards within the subdivision. Gary Hill, a longtime friend of Dodson Sr., expressed interest in purchasing part of the subdivision for agricultural purposes but did not want any building restrictions. Despite being offered to buy unrestricted property for $1.2 million, Hill declined and later purchased four lots (7-10) intending to grow blueberries.

In December 2021, Dodson appointed three individuals to a Design Review Committee responsible for approving constructions within the subdivision, including Rasti. In 2022, Hill began erecting t-posts with plans to build a barbed-wire fence between his property and Rasti’s without seeking approval from this committee. On September 19, 2022, Rasti's attorney notified Hill that he was violating the Covenants and Restrictions due to lack of committee approval for his fence construction.

Following Hill's refusal to comply, Rasti organized a meeting among lot owners to establish The Lake at the Bluffs Property Owners Association (the Association), which then elected a new Design Review Committee including Rasti again. On May 25, 2023, through its President Rasti, the Association filed a "Petition to Enforce Covenants and Restrictions" against Hill seeking removal of his unapproved fencing and compliance with established building restrictions.

Hill responded by forming his own Homeowners’ Association specifically for Lots 7-10 and appointing himself along with family members as officers and committee members who then approved his constructions retroactively. He also filed exceptions arguing that the covenants only applied to residential properties and that no proper Design Review Committee existed when he began constructing his fence.

The court ruled on August 16, 2023 in favor of The Lake at the Bluffs Property Owners Association. Judge Kathryn E. Jones signed an order on November 15, 2023 denying Hill’s exceptions and mandating him either remove or submit plans for his fence in compliance with existing covenants within ninety days.

Representing Gary Hill was Charles E. Griffin from St. Francisville while Danielle L. Borel from Baton Rouge represented The Lake at the Bluffs Property Owners Association and Jason Rasti individually. This case is identified under Case No. 24648 Division A presided over by Judge Kathryn E. Jones.

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