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State of Affairs:

Homeowners in the Westfield Park Development are pending legal action against Ryan Homes for misrepresenting the substantial costs involving a recent water and sewer assessment of $4,405.92 assigned by the Cuyahoga County Engineer’s Office.

Members of our community strongly assert that Ryan Homes failed to properly or accurately disclose an assessment related to the construction of the Schady and Stearns Road water line improvements. Homeowners believe that Ryan Homes knew of the substantial costs involved since May 2000. Ryan Homes is claiming that each homeowner was sufficiently informed of the assessment and signed off on the disclosure in Purchase Agreements. Reasons for opposition are as follows:

1.) We were not properly or accurately informed of the assessment charges. Early residents of the development were given Purchase Agreements with “extremely vague” and “generalized” statements regarding “sewer charges” and “sewer project” with NO reference to the Schady and Stearns Road construction or its SUBSTANTIAL cost.

2.) Ryan Homes began utilizing a different Purchase Agreement about ¾ into the building process by using a SEPARATE document labeled “Sewer Assessment Acknowledgement.” Ryan Homes had the opportunity to accurately disclose the estimated amount of the assessment at this time, yet Ryan Homes told these homeowners that this was just formalities, and at the most, would only cost a few dollars per month! In addition the “Acknowledgement” never stated that this assessment was for the Schady and /Stearns Roads sewer construction project.

3.) Per a Ryan Homes letter dated December 8, 2004, there are four homeowners’ files that DO NOT contain a copy of any disclosure. According to Ryan Homes, these homeowners will be treated differently. Again, Ryan Homes proves to be inconsistent in their “story.”

4.) Title searches at the time of deed transfer DID NOT indicate an assessment was pending. Some homeowner’s title insurance companies placed a “value” on their respective lot - - a value well exceeding what an “unimproved” lot would be sold!

Action

1.) Westfield Park Homeowners retained Steven M. Ott of Ott & Associates Co. LPA as our legal counsel to represent and protect our interests.
2.) A press release has been issued to members of the local and national media.

Meetings

The first homeowner’s association meeting was held Monday, December 20, 2004 to discuss the pending action against Ryan Homes. All media and members of the public were encouraged to attend.

Updates

a.) December 20, 2004 (meeting outcome):

Members of the Westfield Park Homeowners Association voted unanimously to retain legal counsel and pursue any action necessary to prove Ryan Homes is responsible for the assessment.

Media Recognition

Tuesday, December 21, 2004
The Cleveland Plain Dealer, pg. C6 of the Business Section.

Thursday, December 23, 2004
The News Sun, front page.

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Westfield Park 12-22-2004
Homeowners Association

Meeting Update

For those that were not at the meeting Monday night, the following is a brief synopsis:
· The budget was presented, and the 2005 fee’s are $290. Fee’s will be due by the end of January, and invoices will be issued in the next week or so.
· Trash collection fees will be $141/year with the first quarter due with the HOA fee’s.
· The development agreed to donate $20 for the initial legal defense fund for signs and attorney fee’s. Those that have not donated will be billed with the HOA fee’s.
· If you are interested in joining a committee, please advise a Trustee this week. These include:
§ Finance & Budget
§ Oversight & Compliance
§ Design & Review
§ Landscape and Maintenance
§ Fund Raising & Social
· If you were not at the meeting, please send your e-mail address to Bob Stone at ogden@apk.net. All communication will be handled via e-mail if possible.
· We are also addressing the issues of Trash removal fee’s and snow removal fee’s.

Assessment Update
· We are being assessed $4405.92 for the Shady Road sewer project.
· We have engaged an attorney to represent us in our effort.
· The County is extending the entire development an extension until April 1st, 2005.
· Each of us needs to be prepared to handle the assessment by then if a settlement is not reached.
· We need each of you to e-mail the Trustee’s a letter describing what you were told about the assessment, and any other items you perceived as deceptive sales tactics. The attorney needs the ammunition ASAP!!!
· Contact the following web sites and share your story –remember, the more people hitting them, the higher the exposure
o Better Business Bureau – www.bbb.org
o www.ripoffreport.com
o The Ohio Attorney General; www.ag.state.oh.us/index.asp
· We are filing a law suit against Ryan Homes on Tuesday, December 28th, 2004.
· We are protesting Ryan Homes on Wednesday, December 29th at the Berea site.

NOW IS THE TIME -
We need everyone to turn out for this protest. We absolutely need the support of each homeowner. Bring everyone you can; siblings, cousins, parents, friends and anyone owing you a favor. The more people, the more we demonstrate how committed we are to winning this fight. We want Ryan Homes to know WE MEAN BUSINESS! They need to know we will protest until they pay the assessment in full. The media will be present, so the more people, the better the coverage, the more impact we have in letting Ryan Homes know their reputation is at stake.
WE WILL WIN IF WE TAKE ACTION NOW, AND TOGETHER. PLEASE E-MAIL US IF YOU WILL BE COMMITTED AND ATTEND THE PROTEST WEDNESDAY, 12:00 NOON at Berea. The directions are:
Left on Shady, Left on Usher, Right on Bagley
Turn left on Lewis, and Right onto Nobottom Road
Sandstone Ridge is on the right.

We won the extension because we stuck together, and hit quickly with numbers. We are on the right side of the issue, and if we stay together and make the sacrifice, we will win. This is our time to let Ryan Homes know that deception does not pay. This is our chance to help others avoid the same fate. Most important, it is our hard earned money we need to fight for!
Westfield Park
Homeowners Association 12-21-04




Westfield Park Residents To Pursue Action Against Ryan Homes

Olmsted Township, OH - The residents of Westfield Park have retained legal representation in their action against Ryan Homes and Republic Development Company for failure to adequately and accurately disclose the nature of the water and sewer assessment levied by Cuyahoga County.

The residents of Westfield Park were notified the week of December 6th that a
$4, 405.92 assessment was due by December 31st, 2004. The Trustee’s and residents believe that the developer (Republic Development Company), and the builder (Ryan Homes) were adequately notified of the pending assessment, and a fair and valid understanding of the costs, yet did not adequately disclose and describe the assessment to the purchasers prior to the closing of the land title transfer.

This effort comes on the heals of the WeWontPay.org action aimed at Pulte Homes surrounding the same issue. Pulte Homes recently agreed to pay the assessment for the homeowners who purchased prior to November 29th, 2004.

The Westfield Park Home Owners are met Monday December 20th, 2004, and voted unanimously to protest Ryan Homes, and to proceed with legal action against the home builder. The initial protest is scheduled for Noon on Wednesday, December 29th, at the Sandstone Ridge Berea development off Nobottom Road. The legal action is expected to be filed by Tuesday, December 28th, 2004.

On December 22, the County notified the Trustee’s that the entire development would receive a 90 day extension on payment of the assessment.

While Ryan Homes issued a letter to all the residents in Westfield Park stating that an addendum was signed, and therefore the assessment is the responsibility of the residents. The homeowners are steadfast in their insistence that the assessment was not portrayed in a forthright manner. Each homeowner is submitting a statement to what was presented to them, as well as other items that were promised and not delivered. Finally, the homeowners are contacting residents at other Ryan developments to investigate issues that are in existence along the same story line.

At the time of this release, the Home Owners have no intention to absorb this cost.
Westfield Park 1-4-2005
Homeowners Association

Westfield Park Residents Continue their Push In Public and Court

Olmsted Township, OH - The residents of Ryan Homes Olmsted Township development Westfield Park continue to pursue resolution of the $4,405.92 assessment levied by the county this December with amazing resolve and unity.

• On Wednesday, December 29^th, over 75 residents protested at the Ryan Homes Berea development.
• Sunday, January 2^nd , more than 80 homeowners protested at eleven different Ryan Homes model locations in Northwestern Ohio.
• Monday, January 3^rd , 2005, a law suit was filed against the home builder.

The residents protested peacefully, armed with signs proclaiming “Buyer Beware,” “Hidden Fee’s,” and a reference to www.wewontpay.org , a web sight designed to keep the public informed of the situation.

Trustee’s for Westfield Park homeowners are pleased with the unity of the development, and plan on continuing their weekly public protests the builder’s model homes “People were denied the opportunity to make an informed decision by the practices of the sales representatives,” stated Trustee Rob Brandt. According to Trustee Bob Stone, “Our goals are simple; get the builder to do the right thing, and pay the assessment, and help educate the public as to potential areas of concern when building a new home.” Jeff Buttolph, the third trustee added “We don’t want others to go through what we are going through, it’s just not right.”

While Ryan Homes representatives continue to withhold comment, attorneys for the builder requested the residents cease their protests prior to the Sunday demonstrations. Additionally, the builder offered to pay $400 per home toward the $4405.92 assessment. Both were immediately discounted by Westfield Park representatives.

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Additionally, the major media outlets have picked up on this consumer interest story with coverage appearing in the following outlets:

* Cleveland Plain Dealer, Metro Section 12-30-2004
* Sun News, 12-23-04
* Fox News 8, 12-19-2004
* Fox News 19, 1-3-2005

While the prime issue driving the protest is the water and sewer assessment, the homeowners also say they were sold on other amenities that have not materialized, including city services for trash and snow removal, a community park for children, and access to the adjoining soccer field for their kids to play. At this time, the residents are paying for snow and trash removal (about $200 per home each year), the open space has not been converted to park, and residents were informed that the soccer field is private property.

Ryan Homes is the only builder in Olmsted Township not to agree to pay the assessment for the $6.2 million project, stating the residents signed an addendum agreeing to pay the fee. However, the residents have contended from day one that the assessment was misrepresented, and was not adequately nor accurately disclosed. They are willing to prove it in court.

At the time of this release, the Home Owners have no intention of absorbing the cost. “We will not pay, and we will not cave.”
Westfield Park 1-12-2005
Homeowners Association

Westfield Park Residents Still Going Strong in pursuing Ryan Homes

Olmsted Township, OH – They are still at it!

The residents of Ryan Homes Olmsted Township development Westfield Park held their third protest on Sunday and show no signs of slowing down. Over 60 residents showed up to protest at three different Ryan Homes’ developments, demonstrating their anger and resolve in the fight against the $4,405.92 assessment levied by the county this December. While the assessment is the main focus of the action, the residents are also protesting additional fee’s that were recently revealed, including trash and snow removal― services that were supposed to be provided by the Township and are now being paid for by the residents.

The residents are armed with “Buyer Beware,” “Hidden Fees” signs and a reference to the www.wewontpay.org web sight. Their goals are simple:
1. Let Ryan Homes know they are angry with the lack of disclosure regarding the assessment, and that they will fight it until the end.
2. Inform the buying public of the many potential “hidden fees” that could be assessed when building their homes’.

Are the protests having any effect? Organizers say yes. “We have had many people from different Ryan developments report their issues with the builder. Many of those stories are eerily similar to what we experienced,” said Rob Brandt, Trustee for the association. “Additionally, we know of several others who are conducting deeper research, asking more questions, and requesting details be documented in writing,” Brandt continued. According to the Trustee’s, if people are taking steps to protect themselves, and one person is saved the aggravation, time and money we have been forced to expend, then it is worth it. All reports say that is happening.

The residents plan to continue their protests until this situation is resolved. They continue to say “We Won’t Pay, and We Won’t Cave.” The consistent size of the protests reflect this attitude.

Consumers can collect information through the Westfield Park link on the www.wewontpay.org web sight.

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