Introduction
Dear Carmel Mountain Ranch Residential Community Association (Master HOA) Member,
After a long and hard-fought battle, the HOA Board was able to get New Urban West to substantially reduce the size of their project.
The Board and HOA President Gary Brizard, with help from our golf course committee Chairman, pursued and negotiated an excellent settlement agreement with New Urban West and we have now settled our lawsuit. The fact the City approved a larger project makes the terms of our settlement unprecedented and very substantial.
The HOA negotiated a reduction of the overall size and scope of the project, a reduction in the number of rental units and a reimbursement of attorney fees and costs. We have an outstanding settlement agreement for our HOA and we want to share the details with you.
The following settlement terms (paraphrased and summarized from the settlement agreement) have been accepted by both parties and executed on 02/23/2022:
1. The HOA dropped its lawsuit.
2. Despite being approved for 1,200 units the HOA negotiated a maximum of 975 units.
3. Despite being approved for a higher number of rental units the HOA negotiated 50% rental units and 50% owned units.
4. Despite being approved to build four-story buildings on Units 16 and 17 the HOA negotiated a maximum of three-story buildings on Units 16 and 17.
5. Developer paid our attorney fees and costs associated with the lawsuit from day 1.
The HOA fought hard and we won concessions even though the elected officials are clamoring for housing units with little regard for existing families. Our settlement is a result of the Board’s hard work and commitment to the entire HOA and is something to be very proud of. The settlement agreement can be viewed by navigating to www.cmrrca.org -> Golf Course Matters -> General Information -> Settlement Agreement
Very Respectfully,
CMRRCA Board of Directors