|Dear RBC supporters:
Today’s email from the PLCA board president to the full community has raised a lot of concern and discussion, mostly based on misunderstanding of the actual facts of the matter. RBC asked its legal counsel to provide clarity on the matter for the community. Below is the message our attorney provided, clarifying the meaning and reasoning for joining PLCA to the RBC v WCI law suit.
———- Forwarded message ———-
From: Jason R. Himschoot, Esq.
WCI argued to the court that PLCA is a legally necessary party to the suit by RBC against WCI – legally referred to as an “indispensable party”. The court agreed. Accordingly, RBC will name PLCA as a party. However, RBC is not going to allege a cause of action against PLCA and PLCA will only be named in the suit as a nominal party. A nominal party is one that simply is entitled to receive notice of pleadings and proceedings in the action but does not face any liability for any of the causes of action alleged between the primary parties to the suit.
There are only a few paragraphs in the complaint that will be referring to PLCA in any material way. That is, to identify that PLCA is the non-profit entity that was created to maintain and oversee the association affairs as recorded in the governing documents along with similar statements. PLCA will not be required to file any pleadings or defend any allegations made.
Essentially, PLCA is being “invited” to the proceedings but is not obligated to participate.