D8A3 Ruling Appealed and The Sun is back

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Overview

• D8 Third Amendment Ruling Appealed by Bofferding
• Spring Somerset Sun
  
  

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D8 Third Amendment Ruling Appealed by Bofferding

Chinese translation available: A Chinese translation of this notice is available here: Click Here.
中文翻译： 本通知的中文翻译可点击此链接查看 ：Click Here.

Somerset Neighbors,

We have an update to share regarding the ongoing litigation involving the Division 8 Third Amendment (A3).

• The Defendant has appealed the A3 ruling won by SCA and the D8 Plaintiffs in King County Superior Court.
• Key Superior Court wins now at risk on appeal include:
  • The SCA has standing to challenge CC&R issues, so property owners don’t have to stand alone.
  • The 2nd Amendment is valid, ensuring CC&R violators are liable for attorney fees and court costs.
  • New CC&R requirements must be approved unanimously.
  • Material changes to documented CRC authority are considered new requirements.
  • Amendment approval votes require notarized signatures to be valid.
  • All Division 8 property owners do not need to be included in the lawsuit.
  • The Defendant is responsible for all awarded fees, denying his argument that he should only be held responsible for 1/112 of the fees as one of the A3 signers, or for 1/4 of the fees as one of the View Crew members actively collecting signatures.
• Of particular concern is the Defendant’s argument that other Division 8 property owners may need to be joined in the lawsuit, and the inference that other A3 signers or other View Crew members should be held responsible for fees awarded to the Plaintiffs.
• The objective of the SCA as a Plaintiff in this lawsuit remains obtaining judicial clarity regarding A3, helping ensure that CC&R-related property owner rights are protected and that CRC-issued decisions are more likely to be upheld in court if challenged.

These are significant legal and procedural CC&R questions that may ultimately affect all SCA divisions, either through new amendments, CRC decisions, or violation enforcement. Relevant case documents can be found here.

For those of you who generously donate to the SCA in addition to paying your yearly dues, you may indicate that you would like your donation allocated to costs associated with this ongoing effort, and we will apply it accordingly.

Thank you for helping maintain respectful, informed, and constructive community dialogue.

Please email any questions or concerns to [email protected].

Sincerely,

Board of Directors
Somerset Community Association

Mickelson, et al. v. Bofferding Court Documents

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