The Board wants to promptly advise the members that our HOA has been sued. The lawsuit is: Cause No. #25-06-09730; Jeff Erdely and Karen Erdely v. Timbergreen Community Association; In the 457th District Court, Montgomery County Texas. The Board has consulted with our attorneys and based upon the review of the lawsuit and our insurance policy; we believe that our carrier should provide us with counsel to defend the case. We have posted the lawsuit on our website for anyone who wants to read it.
A brief summary of some of the points alleged in the lawsuit are as follows:
1. It alleges that Timbergreen Community Association (“TGCA”) has not complied with the Mediated Settlement Agreement (“MSA”) in the prior lawsuit.
2. It alleges the work done and votes previously taken were not done in compliance with the MSA.
3. It alleges TGCA, by its inaction, is diverting water outside the channel and is restricting the flow in the channel because the improvements have not been constructed.
4. It does not seek money damages but does seek attorney’s fees (which would likely be covered by our insurance if the Plaintiffs prevailed in the lawsuit.
5. It seeks a declaratory judgment that TGCA has not complied with the MSA, has breached the MSA, is diverting water outside the drainage channel and is restricting the flow of storm water by not implementing the improvements listed in the engineer’s report on the issue.
6. It seeks the appointment of a receiver to take over the management of the TGCA and for the receiver to impose a special assessment and use those funds to implement the drainage improvements Plaintiff asserts should be implemented. It seeks for the receiver to “spend whatever is necessary” to fund the improvements to the drainage channel.
We encourage everyone to read the lawsuit and want to get this information to you promptly. We will not be commenting on the lawsuit at this time. We are proceeding to confirm insurance coverage and defense. Once we have confirmed that, we will pass that along and will work with our attorneys to respond to the lawsuit. We will update you soon.
Board of Directors
Timbergreen HOA
On June 24, 2025 a new lawsuit was filed against Timbergreen CA, Cause No. #25-06-09730 by Jeff Erdely and Karen Erdely v. Timbergreen Community Association; In the 457th District Court, Montgomery County Texas.
