Subsequent to yesterdays post on “Where is the Vote Count”, SOA management sent out an email to Association Members announcing the litigation vote count results. Was this just a coincidence, or was some prodding in effect here? Whatever the case, the results were as follows:
- 716 in favor of the law suit
- 205 opposed
- 36 unusable ballots
Note that the number of ballots submitted amounted to 32% of the approximately 3000 Somersett unit owners, and therefore, the 716 votes in favor of ratification fell way short of the required majority vote (i.e., 50% +1) of all unit owners. Something the SOA did not address in their email. So what now? The Board could decide to extend the voting process, which ran heavy in favor of ratification. However, given the low percentage of initial ballot submittals, it would appear that the Board would be hard pressed to gather the additional 800 votes in favor of ratification should they decide to do so.
Hopefully a decision on how to proceed will be forthcoming shortly. Meanwhile, without a ratification vote, one would assume that litigation activities on the part of the SOA attorneys, and related legal expenses, are on hold.
As of mid-March 2018, SOA legal expenses for the rockery wall issue totaled approximately $62.6K. This does not include an additional $13.3K in legal expenses in a dispute with the Country Club over responsibility for the rockery wall failures adjacent to the 14th fairway.