Frequently Asked Questions
Possinger Law Group has received many questions from Homeowners over the last several months and we’re going to do our best to consolidate and address them for those who may still have lingering questions. This FAQ is only intended to inform Homestead Homeowners. No one should construe this as legal advice.
Q: Is it true that Possinger Law Group no longer represents MJ Management?
A: No, that is not true. Possinger Law Group no longer represents MJ Management in the Hillius v. 18 Paradise case, which is currently on appeal. Possinger Law Group still represents MJ Management in litigation against individual homeowners over their unpaid maintenance fees.
Q: I think MJ owes me for overpaying based on the Sixth and Seventh Amendments. What should I do?
A: MJ is in the process of winding up its business, which means it is marshalling assets and distributing money to creditors. Possinger Law Group represents MJ Management in litigation to marshal its assets; it does not represent or advise MJ Management about distributing money to creditors. If you believe MJ owes you money for overpayments on the Sixth or Seventh Amendment, please contact Kyle Mitchell at Sheperd and Allen, PLLC. They can be reached at:
2011 Young Street, Suite 202
Bellingham, WA 98225
(360) 733-3773 or 647-4567
Q: I live in the Homestead PRD, but I’ve heard that my property may not be subject to the Master Declaration. Do I have to pay?
A: Every property in the PRD is subject to the Master Declaration. Every Homeowner is obligated to pay Maintenance Fees to the Declarant or to MJ, depending on the month when that payment became due. The Court has repeatedly held that MJ was validly assigned the right to collect maintenance which became due while MJ was managing Homestead. If you owe money for any month between January 2018 and May 2023, you should pay MJ Management those dues.
Q: What if I continue to refuse to pay MJ?
A: MJ has begun filing lawsuits against individual homeowners. MJ has already prevailed on a motion for summary judgment in one such collections case. MJ fully intends to pursue every homeowner who still owes MJ under the Court’s Order which set the maintenance fee at $36.00 per month with interest.
Q: Are there any consequences to waiting until MJ sues me?
A: Yes. The Master Declaration authorizes prevailing party attorneys’ fees in any lawsuit to enforce the CC&Rs. Right now, MJ has moved the Court to compel a homeowner to pay nearly $20,000.00 in attorneys’ fees because they refused to pay and MJ had to file suit.
Q: I don’t want MJ to sue me or to have to pay attorneys’ fees. What should I do?
A: Respond to the letters Possinger Law Group has sent out regarding your debt. Despite what you may have heard 18 Paradise and IMM have both confirmed that for any dues that a homeowner owes from January 2018 – May 2023, Homeowners should pay MJ.
Q: I want to pay, but I can’t afford to write a check for the whole amount. What should I do?
A: Reach out to Possinger Law Group as directed in the letters you’ve received. MJ’s goal is to make collections as pain free as possible and is willing to set up payment plans and other arrangements if Homeowners are proactive and cannot afford a lump sum.
Q: What should I do if I owe money to 18 Paradise (or IMM) for months after May 2023. What should I do?
A: MJ cannot help you with these issues as MJ does not represent 18 Paradise or IMM. You should reach out to IMM as soon as possible to address your questions, or concerns about any amounts you owe for this time period.