On March 18, 2026, the court entered an order granting MJ Management’s Motion for Summary Judgment in the case of MJ Management v. Kelly, (Whatcom Count Sup. Ct. No. 25-2-02688-37). The decision entered by Judge Jennifer Slattery, both granted MJ Management’s request for a judgment requiring payment of unpaid Joint Maintenance Fees by the Defendant but also resolved a number of legal questions that remained unanswered by the court over the last few years. The decision established MJ Management’s right to collect unpaid Joint Maintenance Fees during the time that MJ Management operated at Homestead under its Management and Lease Agreement, as well as its right to attorney’s fees and costs. Equally important was the court’s sound rejection of various defenses that had been raised by Kelly’s legal counsel, which had been communicated to Homestead homeowners in the months following the decision in years-long Hillius v. 18 Paradise litigation. A copy of the Motion can be found at the bottom of this article. 

The Defendant, Kelly, was represented by attorneys Matthew Davis and K. David Andersson, the same attorneys that had represented class members in the Hillius litigation. For over a year since the entry of final orders in that case, several of the class representatives and their counsel had raised objections to MJ Management’s right to collect unpaid Joint Maintenance Fees and continued to encourage homeowners to refuse to pay the amounts they owned. The Court’s decision in MJ Management v. Kelly soundly rejected these arguments and clears the way to MJ Management’s collection of the remaining amounts owing along with a right to its attorney’s fees and costs under the Homestead CC&Rs. 

The Motion for Summary Judgment was argued before Judge Slattery on February 202, 2026, by attorney Ian Ducey from Possinger Law Group for MJ Management, and attorney Matthew Davis on behalf of Defendant, Kelly, with a large number of Homestead residents watching via Zoom. 

In its decision, the Court noted that “no evidence raising a genuine issue of material fact was provided by [the] Defendant.” And went on to rule that “…[o]wners of units within the Island Green Commons Condominium are subject to the Homestead [CC&Rs]…”  

The Court ruled that the Condominium and its units were “residential platted area[s]” subject to the CC&Rs…,” soundly rejected the arguments raised by Kelly’s counsel. During oral argument, attorney Matthew Davis also conceded that the other condominiums located within Homestead PRD were covered by the Homestead CC&Rs. “Their argument here was the same ‘stealth legal theory’ that the Plaintiffs had previously attempted to bring into the Hillius trial but which was dismissed by the trial judge.” stated attorney, Jeffrey Possinger, who represented MJ Management in the Hillius litigation. “It is satisfying to have this issued finally resolved and finally put to bed.”  

Most significant in the Court’s order was the determination that 18 Paradise had assigned the right to collect Joint Maintenance Fees to MJ Management from January 1, 2018 to May 31, 2023, and was authorized to collect unpaid balances incurred by Homestead homeowners during that time period. The court’s order granted MJ Management’s right to collect attorney’s fees and costs and directed MJ Management to bring a declaration for attorney’s fees within 14 days of the court’s order. 

Possinger Law Group represented MJ Management in the Hillis v. 18 Paradise litigation through the trial and has continued to represent MJ Management in its efforts to collect unpaid Joint Maintenance Fees. 

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References:

2026-03-18_ORD_MSJ Granted