On November 29, 2017, the owners of Lot 526 in Unit 3 (plaintiffs) filed a lawsuit against the Swains Creek Pines Lot Owners Association and the Board of Directors regarding recreational vehicle restrictions. There were multiple claims filed; however, the judge dismissed ALL claims against the individual Board members as well as all claims against the Association, except for one. In January 2020 a trial was held in the 6th Judicial District Court in Kanab, Utah to hear testimony on the remaining claim against the Association pertaining to the interpretation of the Restrictive Covenants and the Association’s ability to enforce the RV and trailer restrictions retroactively against the plaintiffs.
Legal counsel for SCPLOA recently received a memorandum from the court indicating the judge has ruled in favor of the plaintiffs. A Final Judgement and Order have not yet been rendered, but are expected to be filed before the end of this year. The Board of Directors and legal counsel for the Association believe there are multiple errors in the findings of the case and they strongly disagree with the ruling. We are currently working with legal counsel and our insurance company on a possible appeal of the judge’s decision. We will keep you apprised of the next steps to be taken.
***Important Notes***
There has been no fiscal impact to the Association or the membership in the defense of this lawsuit. The insurance carrier for the Association has covered all costs thus far. The judge’s ruling, in this case, affects only 1 property in Unit 3 and does not apply to any others. All of the SCPLOA governing documents remain in effect.