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Homeowners Association Law
 
Kennedy Development Company, Inc. v. Camp

We granted certiorari to examine whether the “anti-indemnity” statute found at OCGA § 13-8-2 (b) applies to invalidate an indemnification clause within an assignment and assumption agreement transferring responsibility for the management and operation of a newly developed subdivision to its homeowners’ association. See Newton’s Crest Homeowners’ Ass’n v. Camp, 306 Ga. App. 207 (702 SE... More...   $0 (11-21-2011 - GA)

Joni Kepler-Fleenor v. Fremont County

Appellants in this case contend that the district court committed error when it determined that an unnamed road in their subdivision is public by common law dedication. Because the subdivision plat unambiguously dedicates the road, the district court’s ruling is affirmed.

II. FACTUAL AND PROCEDURAL BACKGROUND

Appellants are property owners in Division III of the Sawtelle Mountain S... More...
   $0 (11-10-2011 - OR)

Teroso Del Valle Master Homeowners Association v. Martin Griffin

Defendants and appellants Martin and Carolyn Griffin appeal from a judgment following a jury verdict in favor of plaintiff and respondent Tesoro del Valle Master Homeowners Association (Tesoro) on its claims that appellants installed a solar energy system at their residence in contravention of conditions, covenants and restrictions governing their property. Unmindful of applicable standards of rev... More...   $0 (11-01-2011 - CA)

St. Martin's Homeowners Association v. The City of Oklahoma City

St. Martin's Homeowners Association sued The City of Oklahoma City claiming that on June 23, 2011 the gate leading into Plaintiff's property was damaged by an Oklahoma City Fire Department engine as it entered Plaintiff's property at 9000 North May Avenue in the amount of $7,660.00.... More...   $7660 (10-11-2011 - OK)

LInzie Zinone v. Lee's Crossing Homeowners Association

In this appeal, we consider whether certain provisions of the Virginia Property Owners' Association Act ("POAA"), Code §§ 55-508 through -516.2, restrict the declarant of a recorded declaration creating a property owners' association from unilaterally amending that declaration under its express term providing for such authority. The issue, which presents a purely legal question of statutory cons... More...   $0 (09-16-2011 - VA)

Architectural Control Committee of the Sunny Meadows Addition v. Therman M. Campbell, Jr.

Appellants Scott R. and Susan E. Leake, individually and on behalf of the Architectural Control Committee of Sunny Meadows Addition, appeal from the trial court’s summary judgment in favor of appellees Therman M. and Susan M. Campbell. In two issues, the Leakes claim that the trial court reversibly erred by denying their motion for summary judgment while granting the Campbells’ and by awardin... More...   $0 (09-01-2011 - )

The Villa Los Alamos Homerowners Association v. State Farm General Insurance Company

In MacKinnon v. Truck Ins. Exchange (2003) 31 Cal.4th 635 (MacKinnon), our Supreme Court determined that the standard pollution exclusion clause in a comprehensive general liability (CGL) policy was intended to exclude coverage for injuries resulting from events commonly regarded as environmental pollution. The court therefore rejected a broader, literal interpretation of the clause that would for... More...   $0 (08-17-2011 - CA)

Joseph A. Graziano v. Stock Farm Owners Association, Inc.

¶1 Plaintiff Joseph A. Graziano (“Graziano”) appeals from an order of the Twenty-First Judicial District Court, Ravalli County, granting Defendants’ Stock Farm Homeowners Association, Inc. (“Association”) and Stock Farm, LLC (“SFLLC”) motion to stay proceedings and compel arbitration. We affirm in part, reverse in part, and remand for further proceedings consistent with this Opinion... More...   $0 (08-12-2011 - MT)

William Charles Bundren v. Holly Oaks Townhomes Association, Inc.

William Charles Bundren See Footnote 1 and Karen P. Bundren (collectively the Bundrens), doing business as C&K Residential Properties (C&K), New Hope Foundation (New Hope), See Footnote 2 and Hope Hill Investments, Inc. (Hope Hill) appeal the trial court's judgment awarding Holly Oaks Townhomes Association, Inc. (Holly Oaks) $24,324 in damages and $73,000 for attorney's fees for trial and ap... More...   $0 (08-11-2011 - TX)

Gabriele Duncan and Edward Duncan v. Dominion Estates Homeowner's Association

Appellants, Gabriele and Edward Duncan, challenge the trial court’s entry, after a jury trial, of a take-nothing judgment in favor of appellee, Dominion Estates Homeowners Association (“DEHA”), and the trial court’s rendition of summary judgment in favor of appellees, Charles Amos, Thelma Bowie, Natalie Powell, and Marques Collins (the “DEHA board members”), in the Duncans’ suit agai... More...   $0 (08-11-2011 - TX)

Linda C. Nordlund v. Elizabeth M. Van Nostrand

¶ 1. Plaintiff appeals a grant of summary judgment by the Superior Court, Environmental Division (Environmental Court) in favor of defendants for lack of subject matter jurisdiction. We affirm.

¶ 2. Plaintiff, Linda Nordlund, owns a property (Nordlund parcel) on West Shore Road in Salisbury, Vermont. Defendant Elizabeth Van Nostrand (Van Nostrand) owns the abutt... More...
   $0 (07-17-2011 - VT)

Luis Davis v. Canyon Creek Estates Homeowners Association

This is an appeal by Luis Davis, Trustee of the Davis Family Blanco Road Property Trust (“the Trust”) from a trial court’s order granting summary judgment in favor of Canyon Creek Estates Homeowners Association (“the Association”) in a case involving restrictive covenants. This case was previously appealed to this court, and we affirmed the trial court’s partial summary judgment order... More...   $0 (07-13-2011 - TX)

Thousand Oaks Homeowners Association, Inc. v. Jim Crosby dba Planning Design Group

Thousand Oaks Homeowners Association, Inc. sued Jim Crosby d/b/a Planning Design Group,, PDG, Inc., and Bill Honeycutt da/ba Bill Honeycutt Masonry Construction on breach of contract, unjust enrichment and fraud theories.

The claims made and defenses asserted are not available.... More...
   $1 (07-08-2011 - OK)

Barbara L. Magin v. Solitude Homeowner's, Inc.

[¶1] The district court granted Solitude Homeowners, Inc. (Solitude) summary judgment on its claims that Barbara L. Magin had violated the subdivision’s protective covenants by erecting screens, brush, log piles, and fencing. The district court also awarded Solitude attorney fees.

[¶2] On appeal, Ms. Magin challenges the district court’s refusal to disqualify Solitude’s counsel for ... More...
   $0 (06-30-2011 - WY)

Yan Sui v. Stephen D. Price

Plaintiff Yan Sui appeals from the judgment dismissing with prejudice his action against defendants Stephen D. Price and 2176 Pacific Homeowners Association after the court sustained without leave to amend defendants‟ demurrer to plaintiff‟s complaint. The court ruled the complaint did not state facts sufficient to constitute a cause of action and could not be fixed. We affirm.

FACTSMore...
   $0 (06-20-2011 - CA)

Hidden Forest Homeowners Association v. James K. Hern

Hidden Forest Homeowners Association challenges the trial court’s judgment rendered in favor of James K. Hern. We affirm the judgment of the trial court.

Background

Hern owns a home located in the Hidden Forest subdivision. The subdivision is governed by the Hidden Forest Homeowners Association (“Hidden Forest”), which was formed pursuant to the Amended Declaration of Covenan... More...
   $0 (06-08-2011 - TX)

Hidden Forest Homeowners Association v. James K. Hern

Hidden Forest Homeowners Association challenges the trial court’s judgment rendered in favor of James K. Hern. We affirm the judgment of the trial court.

Background

Hern owns a home located in the Hidden Forest subdivision. The subdivision is governed by the Hidden Forest Homeowners Association (“Hidden Forest”), which was formed pursuant to the Amended Declaration of Covenan... More...
   $0 (06-08-2011 - TX)

Oak Lane Homeowners Association v. Dennis L. Griffin

¶1 The Oak Lane Homeowners Association (the Association) seeks review of the court of appeals’ decision in Oak Lane Homeowners Association v. Griffin (Oak Lane II), 2009 UT App 248, 219 P.3d 64, arguing that the court of appeals erred when it affirmed the district court’s grant of summary judgment to Dennis and Renae Griffin regarding the existence of a private easement over a private lane. T... More...   $0 (05-06-2011 - UT)

The Terraces at Cedar Hill, L.L.C. v. Gartex Masonry and Supply, Inc.

The Terraces at Cedar Hill, L.L.C. and The Terraces Addition Homeowners Association, Inc. appeal the trial court's judgment ordering foreclosure of the mechanic's lien held by Gartex Masonry and Supply, Inc. Appellants bring four issues asserting the trial court erred in ordering foreclosure of the mechanic's lien because (1) Gartex's lien affidavit did not comply with section 53.054 of the Texas... More...   $0 (03-24-2011 - TX)

Village Green Homeowners Association, Inc. v. Diane C. Leeder f/k/a Diane L. Albright

The trial court granted summary judgment in favor of appellant, Village Green Homeowners Association, Inc. (“Village Green”), awarding actual damages, attorney’s fees, and pre- and post-judgment interest. However, the trial court declined to grant Village Green’s request for foreclosure. On appeal, Village Green contends the trial court abused its discretion by denying Village Green the ... More...   $0 (03-02-2011 - TX)

Mirtz Zorilla v. The Homeowners of Plaza Del Lago, Inc.

Appellant, Mirta Zorilla, challenges the trial court’s summary judgment order on attorney’s fees in favor of appellee, The Homeowners of Plazas Del Lago, Inc. (“Homeowners”). In her sole issue on appeal, Zorilla argues that the trial court lacked jurisdiction to grant the Homeowners’ motion for summary judgment on attorney’s fees. We affirm.

I. Background

... More...
   $0 (02-10-2011 - TX)

Omar Cuevas v. Wheat Investments, Inc.

Appellant, Mirta Zorilla, challenges the trial court’s summary judgment order on attorney’s fees in favor of appellee, The Homeowners of Plazas Del Lago, Inc. (“Homeowners”). In her sole issue on appeal, Zorilla argues that the trial court lacked jurisdiction to grant the Homeowners’ motion for summary judgment on attorney’s fees. We affirm.

I. Background

... More...
   $0 (02-10-2011 - TX)

Mireta Zorilla v.

Appellant, Mirta Zorilla, challenges the trial court’s summary judgment order on attorney’s fees in favor of appellee, The Homeowners of Plazas Del Lago, Inc. (“Homeowners”). In her sole issue on appeal, Zorilla argues that the trial court lacked jurisdiction to grant the Homeowners’ motion for summary judgment on attorney’s fees. We affirm.

I. Background

... More...
   $0 (02-10-2011 - TX)

Omar Cuevas v. Wheat Investments, Inc.

Appellant, Mirta Zorilla, challenges the trial court’s summary judgment order on attorney’s fees in favor of appellee, The Homeowners of Plazas Del Lago, Inc. (“Homeowners”). In her sole issue on appeal, Zorilla argues that the trial court lacked jurisdiction to grant the Homeowners’ motion for summary judgment on attorney’s fees. We affirm.

I. Background

... More...
   $0 (02-10-2011 - TX)

Yigal Bosch v. Cedar Village Townhome Homeowners Association

Yigal Bosch appeals a judgment in favor of Cedar Village Townhomes Homeowners Association, Inc. (“Cedar Village”) for $21,002.60 in assessments, late fees, and prejudgment interest and $26,689.55 in attorney’s fees. Cedar Village sued Bosch for unpaid assessments under the Condominium Declaration, and Bosch counterclaimed. After the trial court granted two motions for partial summary judgm... More...   $0 (02-03-2011 - TX)

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