Pilot Fights Developer HOA Scheme: Help Save Our Home
My name is K. Edward Bevier and I'm a retired commercial pilot, flight instructor and author of “Teaching Tailwheel Flying – an Instructor’s Toolkit”. ( Available through Amazon books).
What began as a dream retirement in a peaceful community turned into a nightmare that has drained our savings and left us gasping for justice. I'm asking for your support to help us in our legal battle against an unjust and illegal Developer/Homeowners Association (HOA) scheme.
Our Story
In 2003, my wife and I purchased two lots in a small, gated community, complete with ponds and a grass airstrip. We built our dream home, including an in-law apartment and an airplane hangar in 2010, and began living there in 2016. Little did we know we were about to become victims of an elaborate scheme orchestrated by the developer.
The Deception Unfolds
Illegal HOA Formation: We discovered the HOA had not been legally formed when we purchased our property. Over a year later, the developer finally created an HOA with a different name and different bylaws than the original Covenants recorded three years earlier, granting himself unfair advantages and exemptions.
Questionable Lawsuit: In 2017, we were served with a lawsuit claiming several minor covenant violations. Despite our efforts to address these issues, the fake HOA refused to negotiate and pursued litigation claiming millions in fines: a blatant attempt to force us to acknowledge their power and consequently legitimize their existence. We’re threatened with foreclosure.
Personal Setbacks: The stress of the lawsuit likely contributed to a stroke I suffered in 2020, forcing me to close my flight school and significantly reducing our income. The COVID-19 pandemic further complicated our situation.
Legal Battle and Injustice
As our savings dwindled from legal fees, I began representing myself in court while still recovering from the stroke. Despite presenting motions questioning the HOA's legality, and violations of State statutes, we were treated with disdain:
• The HOA attorney willfully misrepresented facts to the judge.
• Our motions were ignored by the Judges and never considered at a hearing.
• We were tricked into a surprise trial disguised as a hearing.
Hope for Justice
We've now retained an experienced Appellate attorney who believes we have a strong case. The law is abundantly clear and we're fighting not just for ourselves, but to prevent this injustice from happening to others.
Why We Need Your Help
Your support will help us:
1. Cover legal fees for our Appeal and any further litigation necessary to prevail.
2. Protect our home and meagre retirement savings.
3. Set a precedent against developer and HOA schemes.
4. Seek justice for HOA abuse victims.
How You Can Make a Difference
Every contribution, no matter the size, brings us closer to justice. By supporting our cause, you're standing up against hometown corruption and helping protect the rights of homeowners everywhere. Help make “And Justice for All” more than just a slogan on the courthouse wall.
Thank you for your compassion and support in this challenging time. Together, we can fight this injustice and send a message that no Developer/HOA is above the law.
Donations to this GoFundMe will be gratefully accepted and used only for litigation expenses. Any funds remaining at resolution will be donated to local charities.
Thank you for reading our story.
Organizer
Kim Bevier
Organizer
Manning, SC