Trampoline turmoil tumbles in Troy Burne

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A more than year-long dispute between a homeowner’s trampoline location and a homeowner’s association in the town of Troy has been settled without a trial.

Judge Edward F. Vlack dismissed the case at the request of both parties Aug. 9, court records said. A lawsuit brought by the Troy Village Homeowner’s Association, Inc, started proceedings on July 13, 2009.

The association charged that Andrew and Joylynn Audereith had violated a covenant at the Troy Burne Golf Course development by locating a trampoline within 20 feet of all common lot lines.

The Audereiths maintained the location of the apparatus was approved by officials who were only concerned about sightlines and never mentioned the 20-foot setback requirement.

“We came to the same settlement as we had last January,” said Joylynn Audereith in a telephone conversation Monday.

Joylynn said they were advised they had a case but didn’t want to risk losing in court. “You never know what happens when you go to trial,” she said.

A motion for dismissal was filed July 30 as the matter was on its way to trial in early August.

The Audereiths, however, received $6,200 in the settlement including $5,000 from an insurance company and $1,200 from the homeowner’s association to move the trampoline.

Joylynn said the money received didn’t do a lot to offset some $21,000 in legal fees the Audereiths incurred defending their position.

“It absolutely was not worth the time, effort and money spent,” she said.

She said that they did everything they could as homeowners to comply with the association’s covenants and regulations. “There was absolutely no violation,” she said.

The Audereiths will move their trampoline, probably by the first part of September when landscapers are scheduled to do other work in the neighborhood and not before everything involved in the next move is approved by the association.

When contacted by the Star-Observer, Michael Colloton, president of the Troy Village Homeowners Association had no comment on the settlement.

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