Legal Question in Civil Litigation in Kentucky

In March 2008 a summary judgement was ruled against our neighbor for constructing an above ground pool, against the HOA restrictions. He was ordered to remove and was found in contempt of court for failing to do so. Ordered to pay $25 a day until removed. He appealed to the court of appeals and a stay was placed on the contempt fines. The court ruled against him and he appealed to the Supreme court and lost again. My questions is do the contempt fines are retroactive covering the stay since he lost his appeal. My local attorney says yes, but I have some doubts. Also whose responsibilty is it to notify the court when the pool is removed.


Asked on 12/16/11, 7:39 am

2 Answer from Attorneys
Andrea Welker Welker Law Office

You should trust your attorney. Also, the Court isn't going to monitor the situation. It's up to the HOA to enforce the judgment. The Court will not take action without being moved to do so.

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Answered on 12/16/11, 9:30 am


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