The Foothills Club West Association board hit back hard at The Edge’s claim that it has been holding up a resolution of the golf course suit and contended it has not lost the declarant rights to the course.
In a filing last week, the HOA board said, “All of the allegations made by The Edge that the Association is somehow being uncooperative in final judgment being entered in this case are absurd.”
As owners of the Club West Golf Course, The Edge wants Superior Court Judge Joan Sinclair to let it into the
lawsuit that the Club West Conservancy filed in March 2020 against the old HOA board over the declarant rights to the 164-acre site.
A Superior Court commissioner last November ruled that the old board violated state law and the association’s own by-laws by acquiring the rights from Shea Homes, though the HOA maintains it remains unclear whether Shea Homes still holds those rights.
Shea Homes now is negotiating with The Edge to either buy the course or sell those rights to The Edge.
The Conservancy has obtained three extensions of Sinclair’s deadline for filing a proposed final order that would settle the case and The Edge claims it is “colluding” with the HOA board since both oppose houses being built on the barren course.
But in its response to The Edge’s latest salvo, the HOA took a swipe at the course owners, declaring, “The Association has no obligation to work with a non-party to create a proposed form of judgment.”
It also said that whenever a final judgment is entered, the HOA “will evaluate whether it is necessary for it to again object to Plaintiff’s (the Conservancy) proposed form of judgment.”
The HOA also insists that Superior Court Commissioner Andrew Russell never said Shea Homes owns the declarant rights and is asserting it controls the golf course.
“The Edge has acknowledged the Association’s “control, jurisdiction and authority” over the Golf Course Property by paying assessments to the Association on behalf of the Golf Course,” the HOA said. “Because The Edge has sat on the sidelines throughout this litigation, they have a fundamental misconception of the Court’s rulings in this case and the parties’ various positions.”
The negotiations with Shea Homes to buy the course are at a standstill pending a resolution of the lawsuit, said Matt Shearer, one of the four men who comprise The Edge. A 100-day due diligence period Shea has to inspect the land and consider other aspects of the sale is basically suspended for now.