Davis v. Andana, LLC, et al.
Updated: Feb 15, 2022
On January 21, 2022, I filed a lawsuit in the Buncombe County Superior Court. In a nutshell, the case is about the authority of a homeowners' association to enforce restrictive covenants after the developer allowed a non-conforming structure to be erected on a residential property. It is also about the owners of the property failing to replace the non-conforming structure as they said they would do and attempting to sell the property with the non-conforming structure listed as one of the property's features. It's a picayune case that I'm certain law students won't be studying in the decades ahead.
After I filed the lawsuit, some of my Sovereign Oaks neighbors chose to publish false and defamatory statements about me on an HOA created site. I will deal with them and the HOA separately. Among the false and defamatory statements that were published, one accused me of attempting "to steal HOA funds" and another claimed I was "suing ... the estate of a dead salesman." Both accusations are false and, had the declarants exhibited anything other than a reckless disregard for the truth, they would have known that.
The Complaint I filed is a public record. I've attached a redacted copy (phone numbers and email addresses were removed) so the public can see the truth about what I've alleged in the lawsuit. (The link is to a downloadable PDF)
UPDATE: The property owners removed the non-conforming structure, the Board gave me a letter stating that any future structures would have to comply with the covenants, and the developer and I reached a settlement. Accordingly, I dismissed the suit on February 10th. I'll keep you posted on the defamation action.