Amendment 5
In Nov 2022, an invalid amendment to the CC&Rs was filed with the Washington County Recorder by Evelyn Oberg, a Dixie Springs resident. This amendment would have encumbered every lot in Dixie Springs with new, relaxed conditions and restrictions. Such changes would likely harm property values.
Among other sections, this “Fifth” amendment intended to disband the ACC corporation to prevent it from enforcing the CCRs. The ACC attorney advised that the amendment had fatal legal flaws. He advised the ACC to continue to function as before.
On January 13, 2023, the through its attorneys the ACC sent a letter to Oberg demanding that Amendment 5 be removed from county records. Oberg responded by filing suit against the ACC to have a court validate Amendment 5.
This lawsuit proceeded for over six months costing both sides tens of thousands of dollars. In August, the judge granted a Preliminary Injunction in favor of the ACC. The injunction required the removal of Amendment 5 from county records. Without such recording, the amendment is invalid. The judge specifically stated that all affected parties must comply with the CCRs as they existed prior to the recording of the invalid amendment. In short, the judge validated the existence of the current CCRs and the authority of the ACC to enforce the CCRs.
Below are the legal documents associated with the lawsuit and the preliminary injunction.
Links to Legal Documents
1/12/2023 Letter from Attorney to Lot Owners on Amendment 5 Validity
Application for Preliminary Injunction
Opposition to Preliminary Injunction
Response to Preliminary Injunction Opposition
Attachments to Response to Preliminary Junction Opposition:
Opposition to Protective Order
Preliminary Injunction Granted