Judge orders temporary restraining order on Homeowner's Association

MYRTLE BEACH, SC (WMBF) - A judge has ordered a temporary injunction on Ocean Forest Villa Resort's Homeowner's Association after angry owner's took the HOA to court Monday.

A few weeks ago, the HOA sent a letter to more than 240 owners of the resort in Myrtle Beach. Owners told WMBF News the letter stated each owner owed the association $15,500 for repairs needed at the resort. Owners said the president of the association borrowed more than $3 million dollars and now needs the resort community to pay it back. Calls made to the president of the HOA have not yet been returned to WMBF.

Myriam Kessler said she is angry about the HOA demanding the fees without asking any of the owner's first.

"I am aware, that yes we need some changes. But never this way, without asking the owners," Kessler said, "That is very unfair. That us, the owners, have absolutely nothing to say about this. They did not ask anything."

Owners upset about the HOA decision can rest assured for the time being. Attorney Mark Nappier represented the plaintiffs at court Monday. Nappier said it could take months before the court has the opportunity to hear the case out and make a permanent decision.

A HOA board member said monthly fees were so low in the past, the resort was unable to save any extra money. That's why it needs so much money now. Ray Mohr said if he wanted to make repairs, he'd do it on his own since it's his private condo.

"I'm happy the way I am. I'm responsible for this area here. They're trying to say they are. They aren't. It's right in the Constitution. They are not responsible for this area. This is not a common area," Mohr said.

One woman said she agrees with paying the $15,500 because the repairs are needed at the resort. She said she'd like to pass the condo onto her daughter, and would like it to be in good shape. The woman also said any situation involving such a large sum of money and so many people, there will never be a unanimous agreement.

The Ocean Forest Villa Resort's HOA is expected to meet Saturday to discuss the letter sent to owners.

Copyright 2012 WMBF News. All Rights Reserved.