McKnight Family, LLP v. Adept Mgmt. Servs., Inc.
Annotate this CaseFollowing a dispute over unpaid property assessments, a homeowners association, management company, and an assessment collection company (collectively, the HOA) sold McKnight Family, LLP's properties at a trustee sale. McKnight filed a complaint against the HOA and the purchaser of one of the properties, alleging several claims, including one for quiet title. McKnight also filed a motion to set aside the sale based on improper notice. The district court denied McKnight's motion to set aside the sale, determining that the HOA properly served McKnight. The court then dismissed McKnight's complaint, determining that, pursuant to Nev. Rev. Stat. 38.310, the claims should have been submitted to a form of alternative dispute resolution before McKnight could bring the claims in district court. The Supreme Court affirmed in part and reversed in part, holding that the district court (1) correctly determined that most of McKnight's claims were subject to section 38.310; and (2) erred in dismissing McKnight's claim for quiet title because that claim was not subject to section 38.310. The Court also reversed the district court's order denying the motion to set aside the trustee's sale, concluding that the court should reconsider the motion once it resolves the quiet title claim on remand.
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