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Hillsborough Court Case 17-CC-030487 Fawn Ridge Maintenance Association versus James P Geider  

In 2022, Fawn Ridge Maintenance Association won a long legal battle with James Geider instigated in 2017 to preserve the right of the community to enforce the deed restrictions and although this case was about sheds, it could have jeopardized the ability to enforce other restrictions sanctioned by the majority of homeowners in this community.  

Statement of Commitment Documents Article VI, Section 12.  

 "No detached accessory building, including, but not limited to, detached garages and storage building, shall be erected, place or constructed upon any lot.   

Contrary to deed restrictions specifically forbidding free standing structures, the resident at 8954 Eastman Drive constructed a detached outbuilding in 2016 and refused to remove the structure.   

The following is a timeline of the events that occurred over the 6 years leading up to a trial and an accrued legal cost to the Association of $56,480.71.  

2016 

• Violation Notice is filed with James P. Geider 
• Mr. Geider is spotted driving around neighborhood in back of a truck peering into neighbors back yards. 
• Mr James P. Geider makes an impassioned plea to property manager indicating health and serious financial issues but does not indicate willingness to comply with violation notice.   

2017 

• Case filed against James P Geider 
• Mediation between James Geider and Association Fails 
• James Geider files a motion for dismissal and hearing is slated to hear case  

2018 

• Association wins small victory by having all but selective enforcement defenses thrown out. 
• Second Mediation between James Geider and Association Fails 
• Defense argues Deed Restrictions had expired but has defense rejected 
• James Geider counter sues Assocation for damages  

2019 

• Counterclaim is dismissed by courts Order setting the matter for trial.  
• Castro to serve as records custodian and key fact witness 
• Trial suspended due to COVID  

2020 

• Several Attempts are made to set case for Trial in May and June of 2020 unsuccessful due to unavailability of both defendant councils and pandemic  

2021 

• Trial takes place in December 2021  

2022  

• Judgment is passed in favor of the Assocation  
• Association files request for recovery of court costs and James Geider files appeal without legal council.