Rockery Wall Litigation – Owner Involvement

It has been confirmed by the SOA that the requirements of NRS 116.31088 “Meetings regarding civil actions; requirements for commencing or ratifying certain civil actions ….”, will apply to the SOA’s Rockery Wall civil action process (see previous post of February 5th entitled “Rockery Wall Defect Litigation”).

This NRS 116.31088 statute (paraphrased) requires the following:

  • That the SOA provide notification of and conduct an owner meeting to discuss the proposed civil action,
  • That the proposed civil action be ratified via majority owner vote or written agreement.
  • That prior to ratification, the Association provide a written statement to owners that includes a cost estimate for the civil action, including attorney fees, and an explanation of the benefits and/or adverse consequences of the civil action.
  • That once settled, a disclosure of the terms and conditions of the settlement at the next BOD meeting.

In consideration of the above, the SOA BOD intends to schedule a meeting for late February and the sending out of ballots for owner approval.

For those interested in a complete reading of NRS 116.31088, go to the “References” tab and click on the “NRS 116 Common-Interest Ownership Uniform Act” link. This will take you to the NRS 116 website wherein you can access all of its provisions.

4 thoughts on “Rockery Wall Litigation – Owner Involvement

  1. I see Somersett Untied is back to being anonymous again. I WILL never believe anything from someone who remains anonymous and I certainly hope other don’t either. either sign what you write or quit writing.

    Sharon Slattery a resident not afraid to sign her name

    1. Ms. Slattery,

      With regard to your anonymous comment. as previously stated, all posts under the Somersett United Logo fall under the purview of the SU editor and webmaster who is, and always has been, identified on our “About Us” page. Suggest you visit it to see our policy on posting and commenting.

      Regarding your truthfulness comment, as in most Blog sites, postings reflect both facts and opinions of the editorial staff. When stating facts, it is SU’s policy to reference source documents whenever possible (for the post you commented on the referenced documents are available in the public domain). If you have a problem with the truthfulness of what is posted, feel free to enlighten us with the truth as you perceive it.

      As always, yours and other comments are welcome,regardless if submitted anonymously or under a pseudo or made up name (would one really know the difference?).

  2. Just received my ballot – to approve the funds for litigation (or deny)… The estimate is up to $300K … This is a Chapter 40 issue, just like the suit brought by Somersett Development on behalf of the Owners Association to repair the “cutting” on Somersett Parkway up to Roundabout 1. The issue here was that boulders were falling down and autos were in danger of being hit (amongst other things) … It seems that the idea with Chapter 40 is to ensure that all responsible parties are embroiled in the action, seeking those with insurance or deep pockets (and not in bankruptcy).

    Given the fact that we will spending over $2,000,000 on rebuilding Rockery walls … assuming that the legal team have done their due diligence, that there is a solvent responsible party around (or their insurance company)) – voting Yes (even reluctantly) is a no-brainer.

    The question really is, when we get back some of our costs, will our dues be reduced, will some of the loan paid down! Don’t plan on spending any resultant windfall, as the action will take at least 5 years.

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