HOA Loses Lawsuit Because They Filed Too Late

The Sky Ranch HOA lost their lawsuit against the homeowners for a commercial grade pool slide to the roof and other violations. The court simply ruled that the HOA waited to long to file the case. The lawsuit was filed on September 2, 2020, but according to the judge (pdf) it needed to be filed by October 3, 2019.

It means that all of the money that the HOA spent on this litigation was wasted. Additionally, it is likely that HOA will have to pay the defendant’s legal costs. While the lawsuit was reasonable, the delay in filing the case was not. In one of his statements for the case, director Dave Quinsey states that he attended multiple events at their residence, and “The Association’s Board was hoping for an informal ‘over-the-fence’ resolution of the dispute…”

Board member(s) were chatting with their buddies and playing around with variances for them when they should have been filing the suit. We got the worst of both worlds: The rules weren’t enforced, yet we paid for the legal costs, and perhaps the homeowner’s legal costs.

The HOA did not inform the community about this lawsuit. Despite an HOA meeting earlier this week, they have not informed the community about the loss or the cost.