BOOKHAMMER ESTATES ) HOMEOWNERS ASSOCIATION, INC. ) ) Plaintiff, ) ) C.A. No. v. ) ) GEOFFREY W. KLOPP and ) LYNNETTE L. KLOPP, ) ) Defendants.

Transcription

1 EFiled: Feb :00PM EST Transaction ID Case No. S18C RFS IN THE SUPERIOR COURT OF THE STATE OF DELAWARE BOOKHAMMER ESTATES ) HOMEOWNERS ASSOCIATION, INC. ) ) Plaintiff, ) ) C.A. No. v. ) ) GEOFFREY W. KLOPP and ) LYNNETTE L. KLOPP, ) ) Defendants. ) COMPLAINT TO FORECLOSE DUCIOA LIEN 1. Plaintiff, Bookhammer Estates Homeowners Association, Inc. ( Plaintiff or the Homeowners Association ), is the governing body of the community of Bookhammer Estates ( Bookhammer Estates ) located in Sussex County, Delaware, with a business address of 148 Williams Way, Lewes, Delaware Defendants, Geoffrey W. Klopp and Lynnette L. Klopp, are residents of the State of Delaware and reside at 197 Williams Way, Lewes, Delaware 19958, within the community of Bookhammer Estates. 3. The Homeowners Association was created under the authority created in a Declaration of Covenants, Conditions, Easements, and Remedial Clauses of Bookhammer Estates, recorded in the Office of the Recorder of Deeds, in and for Sussex County, at Book 2772, Page 128, et. seq. on or about August 31, 2000 ( the

2 Declaration ). The Homeowners Association is also subject to the Delaware Uniform Common Interest Ownership Act, as codified at 25 Del. C , et. seq. ( DUCIOA ). 4. Pursuant to the Declaration, Plaintiff has the right and obligation to manage the business operation and affairs of Bookhammer Estates on behalf of the owners in the community. In accordance with that obligation, as well as under DUCIOA, Plaintiff has a mandatory duty to adopt an annual budget for Bookhammer Estates and to assess and collect annual and special assessments from lot owners within the community. 5. The grant of title in the deed of conveyance for each lot within Bookhammer Estates is expressly subject to the terms, conditions and provisions of the Declaration. The Declaration and DUCIOA also provide, among other things, that all owners of lots in Bookhammer Estates have the obligation to pay such assessments established by Plaintiff and that assessments are deemed to be a lien on the property. 6. If the assessments are not paid within sixty (60) days after the date due, the Declaration provides that the assessments shall bear interest at the legal rate of interest and incur a delinquent payment penalty of ten percent (10%) of the unpaid assessment and that Plaintiff has the right to bring legal action against the owner personally obligated to pay the assessment or to otherwise foreclose the lien

3 against the property and obtain a judgment for the assessments, interest, reasonable attorney s fees and costs. DUCIOA further provides that Plaintiff may bring an action to enforce the obligation for unpaid assessments and recover court costs and reasonable attorney s fees. 7. In accordance with its rights and obligations, Plaintiff has determined annual and special assessments for all owners that are due and payable on a yearly basis. 8. Defendant owns real property located within Bookhammer Estates at 197 Williams Way, Lewes, Delaware ( the Property ). A copy of the Deed to the Property is attached hereto and identified as Exhibit A. COUNT 1- IN REM Foreclosure of DUCIOA Lien Pursuant to 25 Del. C Plaintiff repeats and realleges each numbered paragraph 1 through 8 as if fully restated herein. 10. Defendants are in violation of the Declaration, DUCIOA and applicable Delaware law in that they have failed to pay when due lawfully imposed assessments against the Property in the amount of $2,860.05, plus interest. 11. Despite demand, Defendants have failed to pay such assessments. 12. Pursuant to 25 Del. C of DUCIOA, on September 4, 2017, Plaintiff executed a Statement of Lien against the Unit in the amount of $2,860.05,

4 plus additional liens, assessments, charges and fees assessed to the Property, a certified copy of which is attached hereto and made part hereof as Exhibit B. The Statement of Lien was duly recorded in the Office for the Recorder of Deeds, in and for Sussex County, Delaware, on September 7, 2017, at Book number 16442, Page number 247 ( DUCIOA Lien ). Since recording the DUCIOA Lien, no payments have been received from Defendants. 13. The DUCIOA Lien related to the Property owned by Defendants, located in Sussex County, State of Delaware, and more particularly described in the DUCIOA Lien. 14. As per the DUCIOA Lien, as of September 4, 2017, Defendants were in default in their obligation to pay lawfully imposed Assessments against the Property in the amount of $2, COUNT II- IN PERSONAM Default on Obligation to Pay Assessments 15. Plaintiff repeats and realleges each numbered paragraph 1 through 14 as if fully restated herein. 16. As of September 4, 2017, Defendants are in violation of the Declaration, DUCIOA and applicable Delaware law in that they have failed to pay when due lawfully imposed Assessments against them and the Property in the amount of $2,860.05, exclusive of any additional charges.

5 17. Commencing January 15, 2018, Defendants are in violation of the Declaration, DUCIOA and applicable Delaware law in that they have failed to pay when due a lawfully imposed Assessment for 2018 against them and the Property in the amount of $950.00, exclusive of interest, late fees, attorney s fees or any other charges. 18. Despite reasonable demand, Defendants have failed to pay such Assessments. WHEREFORE, Plaintiff prays that this Honorable Court: A. Grant judgment in Plaintiff s favor and against Defendants, Geoffrey W. Klopp and Lynnette L. Klopp, jointly and severally, in the amount of $2,860.05, plus the 2018 assessment in the amount of $950.00, all additional Assessments and Late Fees accruing subsequent to the filing of this action, pre and post judgment interest accruing at the rate of 7.0 % per annum until paid, court costs, reasonable attorney s fees and such other amounts as may be lawfully owing from Defendants to Plaintiff in this action until the date of Judgment; B. Grant judgment against the Property and against Defendants, Geoffrey W. Klopp and Lynnette L. Klopp, jointly and severally, in the amount of $2,860.05, plus the 2018 assessment in the amount of $950.00, all additional Assessments and Late Fees accruing subsequent to the filing of this action, pre and post judgment interest accruing at the rate of 7.0 % per annum until paid, court

6 costs, reasonable attorney s fees and such additional assessments and other charges that may come due prior to the entry of judgment, expenses relating to the enforcement and collection of the DUCIOA Lien and other amounts as may be lawfully owing from Defendants to Plaintiff in this action, with all amounts to be levied out of the Property described in the DUCIOA lien pursuant to 25 Del. C (j); and C. Grant any and all other such relief as the Court deems appropriate. THE BRADY LAW FIRM, P.A. Date: February 23, 2018 /s/ William P. Brady William P. Brady, Esquire Delaware Bar I.D. No Tower Office Park 240 N. James St., Suite 106 Wilmington, Delaware (302) Attorney for Plaintiff, Bookhammer Estates Homeowners Association, Inc.