Todd Creek Farms homeowners began questioning where their HOA dollars were going and turned to Robinson & Henry for help.
Robinson & Henry Real Estate Partner Peter Towsky, who represents the homeowners, joined 630 KHOW’s The Troubleshooter with Tom Martino. Martino investigates scams, rip-offs, and consumer fraud live on the air.
“I represent a group of homeowners in the Todd Creek Farms Homeowners Association who brought a lawsuit against their HOA and a number of the board members,” Towsky said.
At the center of the dispute is Jason Pardikes, the HOA board president, accused of hiding ties to a landscaping company that received more than $200,000 from the HOA.
“We believe that there was an undisclosed connection between Jason Pardikes and Method Landscaping Company,” Towsky explained. “Essentially, we think [Pardikes] is the landscaping company.”
The lawsuit alleges that Pardikes improperly benefited from contracts approved by the HOA.
“If you’re on the board of that nonprofit corporation, you can’t make a contract with another company that you have a financial interest in without at least disclosing it,” Towsky said, referencing the Colorado state statute governing conflicts of interest in nonprofit organizations.
According to Towsky, Pardikes “openly and publicly denied having any association with Method Landscaping company repeatedly.”
But bank records and payments raised concern among homeowners. What began as a $26,000 landscaping contract increased to more than $200,000 in payments over the course of a year.
“We believed that over $150,000 went to Jason Pardikes and his wife, as well as some number of thousands of dollars went to BNS Construction,” Towsky explained.
Pardikes is the registered agent of BNS Construction, LLC. A Thornton couple is suing BNS Construction for alleged civil theft, breach of contract, negligence, and other claims in a home renovation project.
In July, the HOA later filed for bankruptcy, a move Towsky described as a tactic to block homeowners from accessing financial records.
“This is not a matter of financial mismanagement. This is a tactic to end the state court litigation,” he said.
Now, the lawsuit is on hold while the bankruptcy court decides how to proceed.
Towsky explained, “We were about to have a hearing on a determination for whether or not the plaintiffs could have access to Method Landscaping Company’s bank records. The HOA actually filed for bankruptcy, so the case is in federal bankruptcy court right now.”
Pardikes has also turned to litigation himself. He filed a defamation lawsuit against six of the homeowners Towsky represents. But that case didn’t last long.
“That defamation lawsuit was dismissed quite summarily because it was absolutely baseless,” Towsky said.
Towsky maintains his clients are acting in the best interest of the Todd Creek Farms community.
“I represent the plaintiffs who were suing derivatively on behalf of the HOA, which means they represent the interests of the HOA,” he said. “Whether the other members realize it or not.”
The outcome hinges on the bankruptcy proceedings and whether the homeowners can gain access to bank records tied to the landscaping company. Towsky has also been interviewed by CBS Colorado, The Denver Post and BusinessDen about the case.
You can read the additional coverage here:
CBS Colorado Spotlights R&H in Coverage of HOA Legal Battle
R&H Represents Homeowners in Dispute over HOA Featured in Denver Post
Partner Peter Towsky Calls for Accountability in HOA Case Featured in BusinessDen.