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MADISON - ST. CLAIR RECORD

Saturday, May 18, 2024

Homeowner claims Holiday Shores HOA knowingly caused flooding on her property

Lawsuits
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Attorney Barry D. Dix of Mathis, Marifian & Richter, LTD. | Mathis, Marifian & Richter, LTD.

EDWARDSVILLE – A woman claims her homeowner's association launched a construction project that has caused flooding on her property. 

Plaintiff Shelly Acevedo filed the lawsuit in the Madison County Circuit Court against the Holisher Association, Inc, citing negligence, trespass and fraud. 

According to the lawsuit, the Holisher is a homeowner's association that serves the Holiday Shores Lake Community in Edwardsville. The plaintiff claims that in 2018, the association began a surface water drainage construction project near and on her property. Acevedo alleges the project was negligently designed and constructed, which caused an excessive amount of water to flow on part of her property and flood it. She claims she has repeatedly asked the association to address the problem, but her requests have been ignored. 

Acevedo also claims that before she purchased the property, she was informed by the association that as part of the construction, a culvert was being relocated to an empty tract of land. Based on that information, she bought the property. She alleges the association later changed the location of the culvert to the area near and on her actual property. Acevedo states that she believes the association knew it was going to relocate the culvert on her property, but fraudulently informed her otherwise so that she would purchase the property. 

The plaintiff is demanding a jury trial to seek damages in excess of $50,000, plus court costs, attorney's fees and any other relief the court deems proper. She is represented in this case by attorney Barry D. Dix of Mathis, Marifian & Richter, LTD. in Belleville. 

Madison County Circuit Court case number 2022LA001423

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