CC&R Amendment Lawsuit Settlement

May this settlement provide a lesson for ALL homeowner association boards to conduct their ballot measures in the lawful and proper manner.

Somersett United

Somersett United Somersett United

History

  • In 2014, A group of Somersett homeowners (Plaintiffs) filed a lawsuit against the Somersett Owners Association (SOA) alleging the CC&R Amendment voting process was unlawfully conducted, this resulted in a Temporary Restraining Order (TRO), which prohibited the SOA from officially recording the amended CC&R’s and moving forward any new activities associated with the SGCC purchase agreement.
  • In December 2014, a hearing was held in the 2nd Judicial District Court of Nevada regarding the lawsuit. The purpose of this hearing was to determine Plaintiffs request for a preliminary injunction which would extend the provisions of the Temporary Restraining Order until disposition of the case on its merits.
  • The December hearing resulted in a Court Order denying the issuance of the preliminary injunction. The primary basis for the Court’s denial order was that the Plaintiffs did not demonstrate irreparable harm if the preliminary injunction was not issued. The…

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One Response to CC&R Amendment Lawsuit Settlement

  1. Ronald Duncan says:

    WOW! This hits awfully close to home for the ACHOA as there are proposed By-Law and CC&R changes proposed by members of the ACHOA and not necessarily favored, or agreed to, by the Board and its committees. It also speaks to the need for contrary presentations to anything the Board, or its committees, present or distribute to the community. WOW, $40K of HOA money! Hope that was a contingency in their budget.
    Ron Duncan

    Like

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