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