The Morning Journal (Lorain, OH)
Water dispute heads to court
LaGrange man sues homeowners association
A LaGrange man’s battle with his homeowner’s association over his water meter and shut off has spilled into the courts.
Donald M. Kolojek has been in a dispute with the Pheasant Run Association about its water meter for several months.
Kolojek, a wounded disabled combat veteran, filed a lawsuit June 29 in Lorain County Common Pleas Court against Pheasant Run Association seeking an injunction to have his water service restored.
His water was turned on June 29.
According to the filing, the only notice Kolojek received that the meter had to be moved was a newsletter, but the zoning ordinances for the development does not mention a need to move the meter.
Kolojek had reached out to the Association requesting a hearing and later received word April 11 indicating the meeting would occur in five days, the filing says.
When Kolojek informed the Association on April 13 of the need to reschedule the hearing, the Association refused, according to the filing.
In the meantime, Kolojek has attempted to negotiate a compromise with the Association, but its officials refused to negotiate, the filing says.
On June 27, Kolojek’s attorney, James L. Miller, attempted to negotiate a compromise
with the Association, but it chose to cut off Kolojek’s water service, the suit says.
Kolojek told The Morning Journal the issue stems from an April 12, 2017, agreement between the Association and the Lorain County commissioners to supply water and sewer service to the development through the LaGrange sewer system.
As part of that deal, the
commissioners entered into a $173,673 contract Aug. 2, 2017, to HD Waterworks Ltd., of Ashland, for water meter replacements in the development.
Kolojek said the Association decided the meters should be placed in the homes.
He said his meter currently is in a crawl space beneath his home.
“So they wanted me to
incur $3,000 to $4,000 to move the meter inside my house,” Kolojek said.
The Association claims the movement of the new meter was stipulated by the county, but Kolojek said in repeated conversations with county officials, he has not been told that again.
Pheasant Run Association officials declined to comment for this story.
In March, Kolojek said he had the firm hired by the county to his residence in an effort to have the meter replaced, as stipulated, but the plumber refused citing the meter’s location.
He said the plumber also refused to speak to a representative of the county engineer’s office.
“The meter is fine where it’s at,” Kolojek said. “The county should have just replaced the meter, but they did not.”
Since then, Kolojek said he has received thousands of dollars in fines for noncompliance.
He said he cannot afford the fines.
Kolojek said he and fellow homeowners in the development did not vote to have their meters moved inside of their houses.
Lorain County Commissioner Matt Lundy said the majority of homeowners in the development moved their meters and Kolojek is just one of about 10 who did not.
Lundy added that this is an issue between the homeowners and the Association, and that the commissioners had no part in shutting off Kolojek’s water.
Robert Klaiber, deputy engineer with the Lorain County Engineer’s Office, verified there was nothing in the county’s contract with HD Waterworks that said the meter must be moved inside of the house.
Kolojek said he takes issue with the meter being moved at his expense.
“It doesn’t matter how many of us didn’t move our meter, you have no rights inside our house,” he said. “You cannot come into my house, tell me what to do to my house and how much it’s going to cost me.
“Once my house is built, if it’s built to code, that’s it.”
Common Pleas Judge Mark A. Betleski ordered Kolojek’s water service restored pending a July 10 hearing.