A HOMEOWNER has refused to pay her HOA dues after learning the organization was fake.

Residents of a suburban subdivision in Upstate New York have filed a lawsuit against another local accusing him of making himself president of an unlawful homeowners association so he could collect money.

“It’s a mess,” said homeowner Michelle Struck.

Struck is one of about a dozen residents of the Crestview Park subdivision in Caledonia, New York, which is about 30 minutes south of Rochester, who have filed suit against William Van Offeren.

According to the lawsuit, which was filed on October 10 in Racine County Circuit Court before Circuit Judge Mark Nielsen, Van Offeren moved into the neighborhood after its homeowners association Crestview Park Association Inc. had dissolved in 2010.

Van Offeren said he served as “the acting caretaker” and tried to create a new association. But he did not properly incorporate or seek input from the subdivision’s other residents.

The suit states that he has tried to collect $75 a year from homeowners in the neighborhood, and even accused some residents of owing thousands of dollars to the HOA.

This summer, he filed liens against 25 homeowners alleging past-due assessments under the name of Crestview Park Homeowners Association. Van Offeren alleged that residents owe membership dues that must be paid before they can sell or refinance their homes.

The combined liens total about $70,000, including a claim that one Crestview Park resident owes the homeowners association a total of $13,400.

The suit alleges that Van Offeren filed the wrong type of liens, and therefore has no legal basis to demand money from his neighbors.

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“Van Offeren knew or should have known at the time of filing that that the contents, or any part of, the liens are false, a sham or frivolous,” the suit states.

Crestview Park homeowners are asking a judge to remove the liens and award each affected homeowner $1,000 in damages for “slander of title.”

Van Offeren denies the accusations and said that without his hard work and contributions the neighborhood, which includes a private park and other common areas that require regular maintenance, would decline in property value.

“Millions of dollars in property value are at risk,” he said.

According to The Journal Times, Van Offeren said he has not seen the lawsuit yet. But he planned to consult with a lawyer to see if his liens were unlawfully invoked or if his association does not have the authority to collect dues from homeowners.

He said he simply maintained the system set by the previous association. So, if he has been unlawfully collecting dues then the neighborhood, which was developed in the 1970s, has been fraudulently kept-up for decades.

Joshua Dohse, another participant in the suit, said he has asked Van Offeren about the the homeowners association’s validity and how the money has been spent. But Van Offeren offered no response.

“I could not believe how unlawful and how ridiculous it was,” Dohse said. “I don’t just give random people my hard-earned money.”

Struck said she and others stopped paying the dues when they jumped from $35 a year to $75.

“You get bills in the mail, and you just assume it’s legitimate,” she said. “But it literally looks like this guy is just running a scam.”

No hearing date has been set.