SOA/SGCC Lawsuit Update – Installment 5

Perhaps a little history first:

    • On June 5th 2020, the Somersett Owners Association (SOA) filed a complaint against the Somersett Golf and Country Club (SGCC) regarding liabilities for Rockery Wall Failure and Water Well Pump repairs as required under the Purchase and Lease Agreements. Details of the complaint may be accessed via the following SU Post of July 22nd  –  “SOA Legal Complaint Against the SGCC
    • On July 10th, the SGCC filed an answer to the SOA claim along with their own counterclaim. Details of the SGCC response may be accessed via the following SU Post of July 23rd  –  “SGCC Response and Counterclaim to SOA Complaint
    • On July 31st, the SOA filed its legal response to the SGCC counterclaim in which they sought an order to dismiss the counterclaim and for the Court to require the SGCC to provide more definite statements regarding their stated causes of action against the SOA. Details of the SOA filing may be accessed via following SU Post of August 5th  –  “SOA Response to SGCC Counterclaim
    • On August 7th, The SGCC filed its opposition to the SOA motion to Dismiss and to the provision of more definitive statements regarding the causes of actions in their counterclaim. Details of the SGCC filing may be accessed via the following SU Post of August 16th  –  “And the Saga Continues – 4th Installment

Which brings us today. On November 11th, the Court denied the SOA’s motion to dismiss the SGCC Counterclaim but upheld the SOA’s position that the SGCC did not adequately plead their case and therefore granted the SOA motion for the SGCC to provide more definitive statements regarding their counterclaim. The SGCC has until November 20th to file an amended Answer and Counterclaim, after which the SOA has 21 days to respond.

The Court ruling in its entirety (which provides a good historical overview) may be accessed via the following link:

Order Denying Motion to Dismiss, Order Granting Motion for a More Definite Statement

So what does 2021 have in store with regard to this litigation? Obviously more legal fees, or can a negotiated settlement be reached between the parties? At last notice, the SOA proposed splitting the contested amount which would result in $264K from the SGCC. The best offer from the SGCC being $30K over time, quite a difference, unless something has transpired that we are not aware of.

Have You Voted Yet?

If you have not yet submitted your ballot for the Somersett Owners Association (SOA) Board of Director elections, you have only five days remaining to do so. All ballots must be received no later than 1:00 PM on Monday November 16th at The Club at Town Center (TCTC).  Rather than relying on US mail delivery at this time, a ballot box is located at TCTC for drop off. Be sure to follow the instructions for use of the provided yellow “Ballot” and white “Somersett Owners Association” envelopes.

Ballots will be counted and results announced at the November 16th Annual Owners Meeting at TCTC starting at 4:00 PM, which will have only two agenda items: 1) Ballot counting and election results and 2) Ratification of the 2021 Budget, which is basically automatic given it would take a vote of 75% of owners present or with proxies to reject it.

At last notice the Association was still looking for volunteers to count ballots. If interested, please contact the Association office ASAP.

The 2021 Board will consist of at least one and perhaps three new members, given that there are three open positions with two incumbents (Fitzgerald and Retter) and three new owners (Capalongan, O’Donnell and Williams) vying for the three positions.. SU sees two major challenges facing the new Board in 2021: 1) effective management of Contracting and Professional Consulting Services, and 2) litigation carryover on the Rockery Wall, Country Club and Preston Home lawsuits.