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Naglee Mediation Agreement 10/10/2019

 A Mediation was held today with a Mediator associated with the Commission on Common Ownership Communities (“CCOC”) in the matter of Naglee v. Tanterra HOA, Inc., regarding many issues the Complainant has discussed on her closed Facebook page in the past year.

A negotiated agreement was reached today between the parties which the attached Settlement Agreement discloses.  This Agreement resolves all issues raised in Ms. Naglee’s 25-page Complaint filed with the CCOC on July 9, 2019.
This Settlement Agreement establishes, by signatures of all parties, that there was no admission of wrongdoing by the Tanterra HOA Board.  The Complaint included numerous claims related to Board procedures as to meetings and the adoption and enforcement of rules and policies.  It remains the Board's position that we have made good faith efforts to comply with all applicable laws and regulations and have exercised appropriate business judgment in the conduct of all of our HOA business decisions.  We have agreed to continue to do so.
One of the issues in Ms. Naglee’s Complaint, involved Ms. Naglee being asked by the HOA to repaint her home in a non-gloss paint to comply with Architectural Guidelines.  However, due to the significant expense of repainting her home, the Board agreed that Complainant may maintain her home in its current condition, but must come into compliance when next repainting, either by her or any future homeowner.
Complainant has agreed she will comply with the existing Front Yard Policy in place on January 1, 2020 by January 30, 2020.
Ms. Naglee has also agreed to withdraw her Complaint with prejudice.  “With prejudice” means Ms. Naglee is permanently barred from bringing any future action raising these same allegations as set forth in her current Complaint.
The use of legal counsel was instrumental in resolving this matter against the corporation today. A copy of this Settlement Agreement can be found at: