It has been 12 days since the March 28th deadline for the submittal of ballots for ratification, or non-ratification, of the law suit against the Somersett Development Company (SDC) pertaining to the Rockery Wall defects. Why is it we are still waiting for a results announcement from the Somersett Owners Association (SOA)?
Reportedly it is in the hands of the Association’s attorneys. Not sure what that means, except perhaps that not enough ballots were received to either ratify or not ratify the litigation and/or some follow-up decisions are in the making before announcing results.
However, this does not excuse the SOA from informing Association members of the vote count results regardless of any downstream decision making.
As a further point, the SOA’s Chapter 40 Notice of Complaint against the SDC was filed with the District Court on December 28th, 2017. Per NRS 40.6472, the respondent (SDC) must, within 90 days, provide a written response, via certified mail, to the claimant (SOA). Therefore, given we are past the 90 day limit, one would assume that the SOA and its attorneys are now in receipt of the SDC’s response. Once this response is received, NRS 40.6472 further states that the SOA is required to send a copy to all Association members within 30 days. Obviously, the SDC’s response to the lawsuit is of paramount interest to Somersett owners, especially if some additional voting is in the cards.
Bottom line, given the significance of this lawsuit and its impact on owners, it is time for SOA management to provide an update on the litigation, including answers to the following:
- Were enough ballots received to either ratify or not ratify the law suit?
- What was the actual vote count?
- Will an extension on ballot submittals be required in order to obtain a majority vote?
- Has the required SDC response to the Rockery Wall defect claim been received? If so, when will it be made available to owners? If not, why not, has some accommodation been made with the SDC in this regard?