On December 30, 2022 the Association, through its Board of Directors, filed a lawsuit in
Fayette Circuit Court against West Wind Homeowners Association. The lawsuit concerns the
Second Amendment to the Declaration of Covenants, Conditions and Restrictions that was filed
in 2020 along with a Quitclaim Deed filed in 2021. The Second Amendment attempted to split the
combined Association into two separate entities (IE: Shetlands and West Wind) and the Quitclaim
Deed attempted to transfer certain common areas, including the lot where the pool and cabana are
located, from Shetlands to West Wind. As set forth in the lawsuit, the Association is asserting that
the Amendment and Quitclaim Deeds are void due to various provisions of the governing
documents that were in effect and were not followed when the events occurred. The lawsuit is
seeking a Declaration of Rights, meaning a court opinion/order, that determines if the Amendment
and Quitclaim Deed are valid or if they are void. The Complaint also asserts a claim for unjust
enrichment that seeks monetary damage regarding the splitting of the two association’s assets. The
Board believed this action was necessary to protect the Association’s interest and assets.

 

The Complaint is a public record that can be viewed at the Fayette County Circuit Court.
The Case Number is 22-CI-03741. At this time, the case has been assigned to Hon. Kimberly
Bunnell. The Association expects West Wind to file a responsive pleading by February 15, 2023.