At the April 14th Board Meeting under Agenda item 6.a “Legal Updates”, it was reported that the SOA has been named as a co-defendant in a new lawsuit by Preston Homes. This regarding damages suffered by Preston Homes resulting from a rockery wall constructed by Ryder Homes on Preston Homes property. The original lawsuit (CV20-02124) was filed with the District Court on December 31, 2020 and listed Witts LLC and Preston Homes LLC as Plaintiffs and Ryder Homes of Nevada LLC as defendant. However, and amended complaint was filed by Witts and Preston Homes on April 4, 2021, which listed the Somesett Owners Association (SOA) and two others (VersaGrade Inc. and Manhard Consulting Ltd.) as co-defendants. A copy of the amended complaint is accessible via the following link:
The amended complaint addresses SOA culpability under Article 17 as follows:
“SOMERSETT had a duty to investigate the veracity and proprietary of Ryder’s application for the proposed construction, and the impact of the proposed construction, and to not enable the illegal and tortious construction of the retaining wall or to facilitate Defendants’ intentional and/or reckless disregard of Plaintiffs’ property rights. SOMERSETT reviewed and approved RYDER’S application to construct the unpermitted retaining wall on WITTS’ property without any request or consent of, or any notice, to WITTS. SOMERSETT has refused to provide meaningful response to requests for information related to the approval process and/or submittals provided, only highly redacted and useless information.”
The amended complaint sounds like a lot of BS to SU, but that is for the lawyers to address.