LEGAL FUND ROUGH DRAFT

Neighbors,

I wanted to update everyone following our meeting with the attorney. Some homeowners receiving this have not been included in the neighborhood group text and may not realize the history of what has been happening or how far this has progressed.

The fraternity purchased the property at 206 Booth Drive in 2025, and since then many of us have been communicating, documenting events and trying to address the recurring fraternity activity. We want to make sure every property owner in Green Haven Estates is informed going forward.

We now have a significant update: our attorney filed for a Temporary Restraining Order, and a judge has signed the TRO. The appropriate trustee is now being served with the court order. This is an important first step, but it is not the end of the case. We will still have to proceed through the court process as we seek longer-term enforcement of our deed restrictions.

Five homeowners stepped forward, signed affidavits and agreed to immediately put up the money necessary to get this moving. The attorney required a $7,500 retainer, and the court also requires a bond in connection with the TRO, which we were advised could be approximately $5,000 or more. That puts the initial amount at approximately $12,500, currently being advanced by only five households.

This legal action is not just for the benefit of those five households or the homes immediately beside the fraternity house. It is being undertaken to protect Green Haven Estates as a whole.

Green Haven Estates is one small circular residential neighborhood built around Booth Drive. Not every homeowner experiences the same direct disturbance. I personally live on the other side of the neighborhood, so I don't have to look at the fraternity house every day, see all of the cars, or hear the music the way the closest neighbors do. That doesn't make my property, or anyone else's property, immune from what happens to Green Haven Estates as a whole.

Large fraternity events bring additional vehicles and activity through our small loop, and residents have documented traffic, parking issues and trash associated with events. More importantly, every property owner has an interest in whether the recorded deed restrictions protecting Green Haven Estates are actually enforced.

Our deed restrictions state that the lots are for residential purposes only and specifically provide:

“NO OBNOXIOUS OR OFFENSIVE ACTIVITY SHALL BE CARRIED ON OR CONDUCTED UPON ANY LOT, NOR SHALL ANYTHING BE DONE THEREON WHICH MAY BE OR BECOME AN ANNOYANCE OR NUISANCE TO THE RESIDENTIAL NEIGHBORHOOD.”

The fact that a judge has now signed the TRO is an important development, but we still have a case to pursue. The other side will have an opportunity to respond, and our ultimate goal is not simply stopping one party. We are seeking lasting enforcement of the deed restrictions and, ultimately, permanent relief.

We understand that not everyone wants to put their name on a lawsuit, sign an affidavit or become directly involved in the litigation. You do not have to do that in order to help financially.

What we're asking is that every household consider contributing its fair share to the neighborhood legal fund.

If approximately 20 households shared the initial $12,500 expense, that would be roughly $625 per household, rather than five households having to advance approximately $2,500 each. There may also be additional legal expenses as the case proceeds.

We will have a designated neighborhood treasurer and maintain a clear accounting of contributions and expenses. Contributions will first be used to reimburse the homeowners who advanced the initial attorney's retainer and court bond, and additional funds will be used toward legal expenses associated with enforcing our deed restrictions.

We were also advised that if we ultimately prevail in enforcing the deed restrictions, we may be able to ask the court to award attorney's fees and court costs. There is no guarantee what the court will award. If neighborhood-funded legal expenses are ultimately recovered, those recovered funds would be returned through the neighborhood legal fund to the homeowners who contributed toward those expenses.

Nobody is being forced to contribute. But we believe it is reasonable to ask the entire neighborhood to help carry the financial cost of an effort intended to protect the entire neighborhood.

Five homeowners stepped forward with their names, sworn affidavits and money to get this started. We now have a signed court order. That's an important first victory, but the larger case is just beginning.

Now we're asking the rest of Green Haven Estates to stand with us and help protect the neighborhood we all have a stake in.