Plaintiffs Reply on Motion for Reconsideration on Partial Summary Judgement – Feb. 24, 2021
Excerpt: “The Declaration sets up the only mechanism by which Class Members can organize the Homestead Owners Association. Although the Association was created by the Declaration, there is a critical next prerequisite for organization. The Declarant [18 Paradise, LLP] alone controls the condition precedent by notifying its intent to convey the Common Open Space to the Association as set out at Section 3.10.
Defendants [18 Paradise/MJ Management] steadfastly refuse to do so and maintain that they intend to own the Common Open Space in perpetuity. The Class Members cannot do what the Defendants have made impossible. The Court’s finding that the Class Members have somehow failed to form a governing association and board is, with respect, erroneous and must be revisited.”
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