Some Ramifications of Not Passing the CC&R Amendment

Here is a post from Facebook authorized by Dorna Brown

“Since some members are posting criticisms of the Amendment (which is fine) I want to draw attention to the ramifications of the Amendment not passing.

Also, as to questions about the cover letter and the green page where you are suppose to check yes or no. If you vote yes, it passes. If you vote no, it doesn’t pass.

If the amendment does not pass, there is a guarantee of at least one lawsuit that will be filed against the HOA, and likely several others. The insurance deductible is $50,000 per lawsuit. This will come out of the HOA’s pocket (our pocket) The current lawsuit will begin discovery and go to trial. The Judge will then rule on whether or not the 2018 Board failed to perform their fiduciary duty. If the HOA loses, the litigants will be entitled to reimbursement of their attorney fees and possibly extra damages. The insurance company may not pay everything so the HOA would have to pay. A vote of 2/3 has to approve an assessment. If the assessment isn’t approved, then the funds would come out of the reserve. It would most likely bankrupt the HOA.

Are we willing to lose our mountain park, our arenas and our way of life? You decide…”

by Dorna Brown