As many of you know, the Board has been engaged with the Walnut Country Swim Team regarding their exclusive use of the Common Area main pool and associated issues. As indicated earlier, both parties retained legal counsel to represent their interests. Unfortunately, on Monday afternoon, July 29, 2019, the WCST lawyer advised the Association of its intention to file a lawsuit against the Association to stop any – and all- action it is taking regarding this matter and to request a Temporary Restraining Order against the Association so a Judge could intervene. Association counsel had no other choice than to prepare for and attend the hearing on Wednesday, July 31st. While the Association prevailed at the hearing and the Judge did not grant the TRO requested by the WCST, there is now pending legal action in which the Association must participate.
Based on the WCST’s filing of a lawsuit against the Association, the Association has also tendered a claim against its insurance policies. Although we are awaiting confirmation of coverage by the insurance companies involved, we expect to have such information shortly. Regardless of insurance coverage, the Association intends to defend itself vigorously in this matter and ensure that the members are permitted to vote on this important issue.
The Board understand the membership’s interest in this matter and is cognizant that this issue is taking a toll on the community. However, because the plaintiffs in this case – the WCST – are comprised of fellow Cowell homeowners, there will be a limit to information that can be shared with the entire membership. Records filed with the Court are available for public review and questions about the details of the lawsuit will be answered only by review of those documents. The Association will not be able to provide detailed updates as in other cases.
To be clear, the Board did not expect the WCST to react to the membership vote in this manner. The team has indicated publicly that it was interested in resolving this matter, so its decision to file a lawsuit was surprising. However, the Board has an obligation to protect the interests of the entire membership and will make its best efforts to defend the corporation and the members’ rights to use the Common Area in a manner consistent with the governing documents and the law.
Please understand that questions regarding the lawsuit which are sent to the Board, General Manager or members of management will not be responded to for the above reasons. Individuals interested in reviewing the legal documents can do so by visiting the Contra Costa County Superior Court in Martinez or by accessing such records online.
We ask for the membership’s continued understanding and patience throughout the litigation process.
Thank you for your attention to this important matter.