To ELHA Members – September 4, 2019
With regards to the original lawsuit filed:
There seems to be some confusion as to the status of the case filed by one owner concerning the recent amendment to the declaration prohibiting short term rentals. At this time, while there is a lawsuit, no orders have been granted and the association has not even filed a responsive pleading. As such, pursuant to current status of the declaration, the association will enforce the provisions of its declaration as recorded. When the Association files its responsive pleadings they will be made available. However, to be clear the court HAS NOT granted any order requiring the association to refrain from enforcement.
As the Association accepted all votes in good faith, the amendment is valid and will be enforced.
To ELHA Members – September 4, 2019
With regards to ELHA Response due September 5, 2019 to the lawsuit filed:
The attorneys for the Plaintiff and the Association’s attorney have discussed the current Complaint today by phone. The attorney for the Plaintiff has determined that the original Complaint needs to be amended to more accurately reflect the Plaintiff’s position. As such, the Plaintiff will either file an Amended Complaint tomorrow or will file a notice with the Court advising the Court that the Plaintiff is amending the Complaint. Once the Amended Complaint has been served on the Association, the Association will file its responsive pleading within the allowed time frame.