WINFIELD — Three homeowners are suing Devonshire Townes Homeowners Association, claiming they have not been afforded a say in their communities despite being promised they would.
Marcia Manley, James Thurman and Anna Ventura filed a class-action lawsuit against Devonshire Townes Homeowners Association; Devonshire Community Master Association; Devonshire Townes; Wexford Village I; Wexford Village II; Devonshire Associates; Cathcart Management; Wexford Village Ventures; MF Wexford TIC; Todd Dofflemyer; Michelle Creasy; David Cathcart; and Monsterwash LLC alleging two community associations are denying their homeowners a say as promised.
"This is a case of homeowners who have been denied a say they were promised and are owed in the two community associations to which they belong," the complaint states. "Instead of allowing the homeowners a vote, the Declarants and leadership of the Devonshire Townes Homeowners Association and the Devonshire Community Master Association have not allowed an election of board members or officers of either organization; have no member meetings; and fail to send the homeowners reports on the associations’ financials or where the homeowners’ money goes."
The plaintiffs claim the defendants have used their money unreasonably and without any say from them. They claim they have never been given any say in its decisions, and it has not followed the statutory requirements of a community association.
"The Defendants have neglected and abdicated their duty to properly run both DTHA and the DCMA," the complaint states. "The homeowners associations are neglecting the property, including failing to investigate complaints about the foundations, failing to fix leaking roofs, and failing to protect the homeowners from damaged windows. More money is going out in management fees within the DTMA than is spent on maintaining most of the common areas, including the pool and billard room, by a mile."
The complaint states that the DTHA itself is not a properly functioning organization and is ignoring both its own by-laws and articles of incorporation, and it is believed the defendants are using money from a board they established to benefit the Devonshire homeowners to benefit their own inside entities.
The plaintiffs claim the defendants disenfranchised homeowners, have breached their contracts, breached fiduciary duties, were negligent and breached West Virginia code.
The plaintiffs are seeking compensatory and punitive damages. They are represented by Benjamin M. Sheridan and Jed R. Nolan of Klein & Sheridan in Hurricane.
Putnam Circuit Court case number: 21-C-1
