WARREN — A Liberty condominium group of 41 lot owners within the Kline’s Farm development has sued the community development group, its real estate agency and others, alleging violation of community rules.
Members of Kline’s Cove and its condominium association filed a lawsuit in late January in Trumbull County Common Pleas Court against Kline’s Farm Community Inc., Altobelli Real Estate, Home and Land Developers, Kline’s Farm Master Association and BrodMor Inc. property management group.
The owner of Altobelli Real Estate, however, said the lawsuit comes down to difficulties with one individual in the condo group.
A check of the Trumbull County Auditor’s Office website shows that single-dwelling properties in the development are valued in the $240,000 to $280,000 range. The condos at Kline’s Cove are rental properties, with leases going for $1,200 per month.
According to the lawsuit, the plaintiffs accuse the defendants of 10 infractions pertaining to the association’s agreement. None of the 41 condo lot owners is named in the lawsuit.
Among the alleged violations, the developers have permitted:
• Altobelli Real Estate and others to display unsightly advertising signs for their respective businesses on the entrances of Kline’s Farm on Tibbetts Wick Road and Belmont Avenue;
• A lot to be used as a driveway and parking pad;
• A lot to remain vacant for more than six months and ignoring and refusing to enforce landscape requirements;
• Motorized vehicles, such as mopeds, on the common properties.
The defendants also accuse the developers of:
• Interfering with enjoyment of the common properties;
• Failing to maintain and / or repair the common properties;
• Assessing Kline’s Cove real estate for periods of time not based on the current calendar year, and then filing liens against the plaintiffs’property without proper notification;
• Failing to obtain competitive bids for work performed on common properties and then failing to keep plaintiffs appraised of the improvements in a timely manner after allowing them input in the decision-making process;
The plaintiffs also accuse defendant Home and Land Developers of violating its agreement by:
• Partially cleaning the lots, allowing trash and debris to remain;
• Installing and then failing to maintain slag driveways;
• Causing water to dam on the northern portion of properties and by hindering or obstructing the operation and flow of the drainage system;
• Allowing silt to erode from the fill dirt piled onto the vacant lots;
• Allowing cattails and other vegetation to grow while unlawfully removing trees and vegetation partially located on plaintiffs’ property.
Home and Land Developers also has created a nuisance by these violations, the lawsuit alleges. The court filing seeks damages in excess of $25,000.
The lawsuit also seeks an award of $25,000 in compensatory damages against Home and Land Developers and Kline’s Farm Community Association and punitive damages of $25,000 for allegedly slandering plaintiffs’ title to its property.
The case is assigned to Judge Peter J. Kontos.
Jason Altobelli, owner of Altobelli Real Estate, said he cannot comment on specifics of this “unfortunate situation” with one individual.
“However, this has been brewing for a while with this individual. Kline’s Farm is a great residential development in Liberty with a majority of owner-occupied residential dwellings,” he said.
The condo association is comprised of two elected residents and the complainant, Altobelli said. The lawsuits does not name any in the condo association.
“The association is responsible for protecting the rights of all the homeowners in the neighborhood and obviously a single owner disagrees with that obligation,” Altobelli said. “The board has attempted to find an amicable resolution with this property owner for a long time with no success. We look forward to resolving this situation for the best outcome of the home owners in Kline’s Farm.”
Jason Vantell, the developer of the Kline’s Cove condominiums, said he would rather not speak about the lawsuit before consulting with his attorney. His attorney Stuart Strasfeld of Youngstown did not return an email seeking comment.