Those 6th & 7th Amendments

Remember May 4, 2020? That’s when a Summons & Complaint was sent to Mr. Chen, 18 Paradise, City of Lynden, MJ Management and two investment companies that would eventually be dropped, along with all but one of the defendants. On page 9 of that original Complaint, it states that 18 Paradise had not obtained consent from the City to “its Sixth Amendment to the CC&Rs” and “its Seventh Amendment to the CC&Rs.”

Dec. 13, 2020– Mr. Andersson sent a legal update, stating, “…we will file a motion for Summary Judgment requesting that the Court find the 6th and 7th Amendments void on several grounds. We anticipate this hearing will also be set for Jan. 2021.”

Feb. 1, 2021– This document had a few ending statements that certainly raised a few questions, for example, “…Plaintiff Homeowners appear to be equally in violation of the code they complain the Declarant has violated by entering the Sixth and Seventh Amendments.”

Now fast-forward toSept. 22,2022– An order for Partial Summary Judgment by Judge Freeman, after weighing declarations, deposition and replies, stated: “…the following facts have been established by undisputed evidence and are established in this action as a matter of law:

1. MJ Management acted as the agent of 18 Paradise under the 2017 Lease Management Agreement between them.
2. MJ Management’s execution and recording of the Sixth and Seventh Amendments to the Homestead Declaration of Covenants was within the general scope of the agency relationship formed under the Lease Management Agreement.
3. The Lease Management Agreement required MJ Management to obtain 18 Paradise’s express permission before signing and recording the Sixth and Seventh Amendments to the Declaration.
4. MJ Management failed to obtain 18 Paradise’s express permission before signing and recording the Sixth and Seventh Amendments to the Declaration.

Plaintiff lawyers have requested clarification for #4 but otherwise, it appears nothing has changed since May 2020, our time and money have not moved the needle one iota regarding these Amendments. If 2.5 years of lawyers arguing motions before two judges could not move us forward, isn’t it time we take a chance on someone who is local, accessible, and invested in our community? Who is motivated to work with us to ensure Homestead thrives? We don’t want to end up like the homeowners of Eaglemont who now face a legal battle, rapid deterioration of their once beautiful golf course, and deep regrets.