Homeowners Battle HOA Over Landscaping

Homeowner Jim Hildenbrand has been embroiled in a four-year court battle with his Homeowner’s Association (HOA). His case went to the state appellate court but that court raised more issues than it settled. The Kansas Court of Appeals reversed the district court’s ruling and sent the case back for resolution. The appellate court said the district court applied an “incomplete test” in determining whether the HOA acted in good faith. The HOA has control over the 153 homes in his subdivision. Last week, Jim and his attorneys were back in Johnson County District Court again. Jim wants to prove he was treated differently by the HOA than his neighbors were. Jim’s children were grown and his father


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