Class Action Suit Filed
Unfortunately, due to no response from the HOA/Developer after submitting two Petitions to amicably resolve our Homeowner HOA concerns, a class action lawsuit has been filed. See the Complaint and Petition below. If you want to join us, either as a member of the suit or as a supporter, please contact info@TheRiverwalkPetition.com.
Download a copy of the "NEW" class action amended Complaint.
This is the NEW Amended Complaint filed as of March 14, 2024.
It is 44 pages of information that tells our story.
Filed Second Amended Complaint (pdf)
Download
About Us
We love our Riverwalk community but have to protect our Homeowner rights. In the Summer of 2021, we hand delivered this Petition to the HOA/Developer. 400 homeowners signed it. After constant follow-ups and inquires, we have yet to receive answers. So, we decided to sue.
The Riverwalk Homeowners' Petition
Hand Delivered August 18, 2021
The Greens of Rock Hill, LLC
Riverwalk Homeowners’ Association and its Board of Directors
652 Herrons Ferry Road
Suite 106
Rock Hill, SC 29730
Re: Petition to Perform HOA CC&R Duties and Responsibilities
The Greens of Rock Hill, LLC, the Declarant and Controller of Riverwalk Community’s HOA and its Board of Directors, located at 624 Herrons Ferry Road, Suite 106, Rock Hill, SC 29730, have specific duties and responsibilities as outlined in the “Master Covenants, Conditions, Easements, and Restrictions for Riverwalk; and Declaration of Covenants, Conditions, Easements and Restrictions for Residential (CC&R’s); all related Amendments and ByLaws. The abovementioned documents are filed with the South Carolina York County Clerk of Courts Office.
These governing documents specify in detail all services The Greens of Rock Hill, LLC, the Declarant and Controller of Riverwalk Community’s HOA and its Board of Directors are to provide to protect the interests of the Riverwalk Development and its HOA membership.
Now therefore, the Petitioners, Homeowners as HOA members, declare that,
1. The Greens of Rock Hill, LLC, the Declarant and Controller of Riverwalk Community’s HOA and its Board of Directors have failed to respond to HOA members phone calls, written and documented requests to fulfill its duties, including but not limited to, landscaping and maintenance requests, the provision of annual detailed budgets, income statements, and other financial reports.
2. The Greens of Rock Hill, LLC, the Declarant and Controller of Riverwalk Community’s HOA and its Board of Directors have been negligent in performing its responsibilities as specified in the stated Riverwalk governing documents for a period of at least 3 years from the date of this Petition.
3. In addition, The Greens of Rock Hill, LLC, the Declarant and Controller of Riverwalk Community’s HOA and its Board of Directors failed to respond to a formal Complaint against the HOA by HOA members submitted in August 2020 to the State of South Carolina Department of Consumer Affairs under the 2018 HOA Act that collects data to be shared with the Governor and the State Assembly on the operations of HOA’s. The Greens of Rock Hill, LLC, the Declarant and Controller of Riverwalk Community’s HOA and its Board of Directors did not respond or attempt to arbitrate such complaint and the complaint was reported as “unsatisfied” or “no resolution reported” in the Governor’s 2020 yearend report. Only 6% of such complaints fall into this category.
4. It is alleged that The Greens of Rock Hill, LLC, the Declarant and Controller of Riverwalk Community’s HOA and its Board of Directors have mismanaged HOA fees, funds, bank accounts and/or annual assessments to the extent that HOA members have been told that there are no funds available to perform required maintenance services when needed, or on a regular required basis.
5. As a result of The Greens of Rock Hill, LLC, the Declarant and Controller of Riverwalk Community’s HOA and its Board of Directors not performing required maintenance services when needed, HOA members have volunteered to perform and maintain Riverwalk’s common areas landscaping requirements to protect the interests of the HOA membership.
6. Per the Riverwalk HOA By-Laws, the Treasurer of The Greens of Rock Hill, LLC, the Declarant and Controller of Riverwalk Community’s HOA, is responsible to audit all of the HOA financials on a monthly basis. Additionally, the HOA Board of Directors are to approve the audited HOA financials each month. HOA members have no confidence that this requirement has been performed as legally required and request copies of all HOA Board Meeting minutes for the years 2020 and 2021.
7. It is alleged that The Greens of Rock Hill, LLC, the Declarant and Controller of Riverwalk Community’s HOA and its Board of Directors employed or engaged a known convicted felon as its Controller which jeopardized the security of the HOA funds/bank accounts. This action violates Article 7, Management and Accounting, Section 7.4 Accounts and Records regarding accounting and controls, specifically (a) (i) accounting and controls should conform to generally accepted accounting principles. Engaging a convicted felon to manage HOA fees/funds/bank accounts, is NOT consistent with generally accepted accounting principles and demonstrates gross negligence by The Greens of Rock Hill, LLC, the Declarant and Controller of Riverwalk Community’s HOA and its Board of Directors.
8. To date, HOA members’ written requests to The Greens of Rock Hill, LLC, the Declarant and Controller of Riverwalk Community’s HOA and its Board of Directors to obtain detailed, descriptive, complete and accurate financials and budgets, including annual expense and income statements, have not been provided to the HOA members. The Riverwalk HOA By-Laws establish the obligation to provide these documents when requested.
9. It is alleged that The Greens of Rock Hill, LLC, the Declarant and Controller of Riverwalk Community’s HOA and its Board of Directors have misrepresented a commitment to build one to three pools and an amenity center for a period of ~5 years. The pool and amenity center commitment was made during HOA annual meetings, HOA Zoom meetings, included on budget line items, and announced in several HOA communications to the membership.
10. Additionally, POOL amenity center home sale signage was installed throughout the Riverwalk community for all HOA members and potential buyers to see and it was stated by The Greens of Rock Hill, LLC, the Declarant and Controller of Riverwalk Community’s HOA and its Board of Directors that the pools and amenity center would be built within a reasonable amount of time to add to Riverwalk’s list of amenities and community improvements.
11. The Greens of Rock Hill, LLC, the Declarant and Controller of Riverwalk Community’s HOA and its Board of Directors have been collecting HOA maintenance fees for a non-existent Riverwalk pool(s) and amenity center. HOA members consider this unacceptable.
12. The Greens of Rock Hill, LLC, the Declarant and Controller of Riverwalk Community’s HOA and its Board of Directors have not been adhering to their own HOA management responsibilities as stated in the Master and CC&R documents and as a result, HOA members have no confidence in the ability of the HOA and its Board of Directors to protect the interests of Riverwalk and its HOA members.
Whereas, Riverwalk HOA members, as required and in good faith, have honored their responsibilities with the reasonable expectation per their agreement that required maintenance / services would be completed in a timely manner.
HOA members purchased their Riverwalk homes under a contractual agreement that stated The Greens of Rock Hill, LLC, the Declarant and Controller of Riverwalk Community’s HOA and its Board of Directors and its HOA members would comply with the HOA governing documents. HOA members believe The Greens of Rock Hill, LLC, the Declarant and Controller of Riverwalk Community’s HOA and its Board of Directors have grossly failed to do so.
Now, Therefore, the Petitioners Hereby Resolve, that this Petition shall serve as an official notice that the following HOA members formally “Petition” that The Greens of Rock Hill, LLC, the Declarant and Controller of Riverwalk Community’s HOA and its Board of Directors immediately comply with the filed Riverwalk governing documents to protect the interests of Riverwalk and its HOA members. Such compliance should include, but not be limited to, the following actions:
· By way of this Petition, HOA members request copies of the 2018, 2019, 2020 and 2021 financials, including annual expense and income statements, 2020 and 2021 bank account statements and current balances representing any and all monies deposited into the HOA Association bank accounts and all monies disbursed /withdrawn from the HOA Association bank accounts to clarify how HOA fees, funds and/or annual assessments have been and are currently being managed.
· HOA members hereby request that an impartial fiduciary manager be engaged to monitor and oversee the HOA management of HOA fees, funds, bank accounts and/or annual assessment monies to protect the interests of its members.
· That all HOA Association funds stolen as a result of the Treasurer’s gross negligence in performing her duties to protect HOA Association funds be replenished by The Greens of Rock Hill, LLC, the Declarant and Controller of Riverwalk Community’s HOA and its Board of Directors.
If The Greens of Rock Hill, LLC, the Declarant and Controller of Riverwalk Community’s HOA and its Board of Directors fail to act, the next step will be to make a formal complaint to the State of South Carolina Attorney General under SECTION 33-31-171 of the 1976 Code, as follows:
“The Attorney General, or any of his assistants or representatives when authorized by the Attorney General, may make investigations into the organization, conduct, and management of a nonprofit corporation, domestic or foreign, operating in this State. Every such corporation shall permit the Attorney General or any of his authorized assistants or representatives to examine and take copies of all its books, accounts, records, minutes, letters, memoranda, documents, checks, vouchers, telegrams, articles, bylaws, and any and all other records of any such corporation as often as the Attorney General may deem it necessary to show or tend to show that the corporation has been, or is, engaged in acts or conduct in violation of its charter rights and privileges or in violation of any law of this State.”
The following HOA members request a written response from The Greens of Rock Hill, LLC, the Declarant and Controller of Riverwalk Community’s HOA and its Board of Directors within 30 days of receipt of this Petition.
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Riverwalk Homeowners' Sign-Up Petition Form
Thank you for signing the Petition.
The Riverwalk Homeowners' Petition
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