The Association immediately tried to get the case dismissed and made a
motion with the court arguing that the "litigation privilege" applied.
The Association claimed that even though no litigation was pending, the
Association intended to file a lawsuit to enforce the architectural
provisions. The Court rejected the application of the litigation
"The potential for litigation existed, of course, from the outset of
the dispute between Plaintiffs and [the Association]. But when [the
letter] was written, litigation had not been seriously considered, the
dispute had not ripened into a proposed proceeding, and the parties were
not negotiating under the actual threat of litigation."
Thus, the Association’s attempt to get the case dismissed based on the litigation privilege was rejected by the Court.