Lazy KV Estates case heads to district court


SAGUACHE COUNTY — Two Lazy KV residents are continuing to seek legal recourse to settle accounts with the Lazy KV Homeowner’s Association (HOA) regarding claims for services earlier this year. This  following two successful court proceedings and a recent request to enforce a court order resulting from the second suit.
In late October, a Saguache District Court judge ruled that state statute limits the ability of the Havens’ to seek the reimbursement of funds for road grading services they allegedly performed for the HOA and other injunctive relief and remedies they might seek.
Their attorney, Anita Marchant, was thus successful in securing the transfer of the matter to district court. The parties will waive their rights to discovery to avoid prohibitive costs and settle the matter.
Chester Havens Sr. and Chester Havens Jr., contractors living in Lazy KV Estates call any defense of the subdivision’s HOA “bull.” Court documents from the civil lawsuit describing a violation of the court’s order from earlier proceedings are posted online at Facebook. The Havens received a settlement for services rendered to the HOA during mediation earlier this year.
Several other legal documents also are posted at the concerned citizens forum online. Haven Sr. said prior to the most recent court filings, Chester Havens Jr. asked the court to enforce the April 2019 mediation results based on the HOA‘s failure to erect signs in the subdivision according to the stipulations provided in the original court order.
Haven Sr. points to notices from the state regarding a water violation and a reprimand for selling real estate without a license as proof that Lazy KV HOA is not working for the good of residents there.
In addition, he maintains that the HOA is in violation of the Kiowa Act and has not held proper elections since its creation in 1972. The Havens also claim that many homeowners in the subdivision are still upset over recent events that occurred this past summer and that they all profess a desire only to see conditions in the Lazy KV improve for the health, safety and well-being of present and future property owners.