The Board of Directors for the Association would like to make all members aware that a lawsuit has been filed challenging the validity of the Association’s Covenants among other items. The Association is dedicated in defending the Covenant.
If the lawsuit is successful, the result could be:
1) The recorded Covenants would be terminated and unenforceable,
2) Chickens, pigs, horses, goats and any hobby farm animals would not be excluded in the neighborhood,
3) The Red Rock Ranch HOA would effectively be defunded
The Association is dedicated to protecting your property investment and your way of life. The Covenants help to protect your property value and have been in place for over 60 years. In 2016, the Association, with the help and guidance of legal counsel proposed an Amendment to the Covenants to extend the duration of the covenants until 2030. This Amendment was approved by a majority of the Association membership in 2017. The Plaintiffs are trying to circumvent the will of the majority of the Association by filing this lawsuit. If the Plaintiffs prevail, the Covenants will no longer be in effect, and there will be nothing in place to ensure the neighborhood remains a cohesive community. The Covenants are the foundational piece of our governing documents, and the provisions of the Covenants are the agreements that each property owner agreed to comply with when they bought property within the Association’s area of authority.
The Board has continued to work in good faith with the Plaintiffs to try and resolve this issue amicably and outside the court system. However, at this point the Plaintiffs have neither agreed to mediation nor to drop their lawsuit that could nullify the existing Covenants. A very disappointing result of responding to this lawsuit will be the drain of the donated funds collected by the RRRHOA that were destined to support neighborhood amenities such as park improvements (the tennis court and playground), common area maintenance, fire wise wildfire mitigation, Fire Department, and Tri-Lakes Cares. Sadly, our limited resources will now have to go towards legal costs defending the RRRHOA and its members. Unfortunately, it is likely that the legal costs will far exceed the current monies that the RRRHOA has available. To assist the Association Board in dealing with this situation we are seeking help.
What can you do?
1) Volunteer to help distribute information, fliers, notifications and ballots to members (when voting is required) so all members are aware of this legal threat,
2) Please consider making a donation to the RRRHOA. Our current membership donations are low and it would help the Association tremendously if all members could donate now. click here for Donation Form
3) Stay informed! We will keep further updates about the lawsuit on YOUR website. www.rrrhoa.org
