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Homeowners Association Law
 
Deamland Villa Community Club, Inc. v. Daryle G. Raimey

¶1 This appeal and cross-appeal concern the validity of amendments to deed restrictions creating a homeowners' association and requiring homeowners within the community to pay assessments as well as the trial court’s decision not to award attorneys’ fees to the prevailing party in the matter. For the following reasons, we reverse and remand.

FACTUAL AND PROCEDURAL HISTORY

¶2 Dr... More...
   $0 (03-16-2010 - AZ)

Oasis West Realty, LLC v. Kenneth A. Goldman

This case presents itself as one concerning Code of Civil Procedure section 425.16 ("section 425.16"), the anti-SLAPP special motion to strike. In fact, the case primarily concerns the scope of an attorney's duty to a former client. Defendants and appellants Reed Smith LLP, a law firm, and Kenneth Goldman, a partner at Reed Smith, for a time represented plaintiff and respondent Oasis West Realty, ... More...   $0 (03-03-2010 - CA)

Debra Billings v. County Council of Prince George's County, Maryland

The appellants in this zoning case are Dedra Billings, David B. Johnson, Michelle Coffee, Cheryl Corson, and Friends of Croom Civic Association. The appellees are the County Council of Prince George’s County, Maryland, sitting as the District Council (hereafter, “the District Council”) and Eastern Petroleum Corporation (“Eastern Petroleum”). Maryland Code (2003 Repl. Vol.) Article 28 § ... More...   $0 (02-16-2010 - MD)

Zuehl Airport Flying Community Owners Association, Inc. v. Phil Meszler

This appeal stems from the trial court’s determination that Zuehl Airport Flying Community Owners Association (the Association) improperly increased the owners’ monthly assessments under the Declaration of Covenants, Conditions and Restrictions for Zuehl Airport Flying Community (the Declaration). On appeal, the Association asserts the assessments complied with Section 3(c) of the Declaration... More...   $0 (02-15-2010 - TX)

Jim Hill v. Sportsman's World Recreational Association, Inc.

This appeal arises from a declaratory judgment involving the construction of restrictive covenants and the levy of fees by a property owners= association. Upon construing the applicable covenants, the trial court rendered judgment against Jim Hill and in favor of Sportsman=s World Recreational Association, Inc. The trial court declared that the Association may levy assessments against individual... More...   $0 (02-04-2010 - TX)

Eagle Ridge Estates Homeowners Association, Inc. v. Terry Mitchell Anderson a/k/a Terry M. anderson

[¶1.] This case involves a dispute concerning the amount Terry and Ann Anderson (Andersons) owe to Eagle Ridge Estates Homeowners Association, Inc. (Homeowners Association) pursuant to a private access easement agreement. The circuit court granted summary judgment to Homeowners Association. Andersons appeal. We reverse.

FACTS AND BACKGROUND

[¶2.] Andersons own three lots in Law... More...
   $0 (01-06-2010 - SD)

Monzer Hourani and Carlton Park Owner's Association, Inc. v. Jonathan Katzen

In this suit for declaratory relief, which concerns a dispute over restrictive covenants in a residential subdivision, appellants, Monzer Hourani and Carlton Park Owner's Association, Inc. ("Hourani"), challenge the trial court's rendition of summary judgment in favor of appellee, Jonathan Katzen.

In six issues, Hourani contends that the trial court erred by (1) declaring Section 2.4(o) of ... More...
   $0 (11-25-2009 - TX)

Cheap-O-Rooter, Inc. v. Marmalade Square Condominium Homeowners Association, et al.

¶1 Defendants Marmalade Square Condominium Homeowners Association, Bruce Manka, and Frank Guyman (collectively Marmalade) appeal the district court's decision to set aside a default judgment entered against Plaintiff Cheap-O-Rooter, Inc. after Cheap-O-Rooter failed to appear at a hearing. In moving to have the default judgment set aside, Cheap-O-Rooter submitted a motion with no accompanying memo... More...   $0 (11-13-2009 - UT)

Moss Creek Homeowners Association, Inc. v. Ted L. Bissette, et al.

Ted and Mary Bissette (the “Bissettes”) appeal from orders: (1) granting plaintiffs’ and third-party defendants’ summary judgment motion, (2) dismissing their claim for breach of fiduciary duty, and (3) awarding attorneys’ fees for contempt and enforcement of subdivision restrictions. We affirm in part and reverse in part.

FACTS

Moss Creek is a single-family residential... More...
   $0 (10-20-2009 - NC)

Patricia Vice and Kathie Slotter v. Daniel J. Kasprzak, Patricia C. Kasprzak, and Katherine D. Kasprzak

In this defamation suit, appellants, Patricia Vice and Kathie Slotter, bring an interlocutory appeal challenging the trial court's order that denied their summary judgment motion in favor of the appellees, Daniel J. Kasprzak, Patricia C. Kasprzak, and Katherine D. Kasprzak. In nine issues, Vice and Slotter argue that the trial court erred in denying summary judgment on three publications because (... More...   $0 (10-01-2009 - TX)

Starlight Ridge South Homeowners Association v. Stephen K. Hunter-Bloor

Plaintiff and appellant Starlight Ridge Homeowners Association (the Association) is the owners‟ association of a common interest development. Defendant and respondent Stephanie K. Hunter-Bloor (the homeowner) is the owner of a residential lot in the development. The Association claimed that the homeowner was responsible for upkeep and maintenance of a portion of a drainage channel (the V-ditch) ... More...   $0 (09-04-2009 - CA)

Aslam Virani v. Pat Cunningham

Appellant Aslam Virani brings this interlocutory appeal challenging the trial court=s order denying his plea in abatement and motion to compel arbitration in his breach of contract suit against appellee Pat Cunningham. We affirm.



I. BACKGROUND

The Marina Del Sol Subdivision Homeowners Association (Athe Association@) sued Virani in 2003 for alleged deed restriction vi... More...
   $0 (08-20-2009 - TX)

Homestead Estates Homeowners Association v. Thomas D. Jones and Michalle L. Peterson-Jones

This appeal questions whether the owners of property subject to an ingress/egress easement may prevent the easement holder from upgrading the surface of a roadway over the easement in order to preserve the “charm of the area.” We affirm the judgment of the district court for Cass County declaring that the easement holder had the right to upgrade the roadway, where it was not shown that the upg... More...   $0 (07-17-2009 - NE)

City of Tulsa v. Raintree Estates I, Inc.

¶1 Appellant Raintree Estates I, Inc., d/b/a Silver Ridge Townhomes, a/k/a Raintree Estates I Condominiums Homeowners Association (The Association) seeks review of the trial court's order directing the distribution of proceeds of a Commissioners Report to individual condominium unit owners in a condemnation action filed by Plaintiff City of Tulsa (The City). Appellant also appeals a subsequent or... More...   $0 (05-25-2009 - OK)

James A. Martin v. Bridgeport Community Association, Inc.

Plaintiffs James A. Martin and his wife, RaeAnn, appeal from a judgment against them, including the award of attorney‟s fees and costs, entered after the trial court sustained a demurrer in favor of defendant Bridgeport Community Association. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Richard and Rachel Peterson (the Petersons) purchased a home constructed by Richmond American Ho... More...
   $0 (05-06-2009 - CA)

Northslope III Owners Association v. Richard J. Harley

Richard J. Harley (Harley) appeals from an order of the Court of Common Pleas of Monroe County (trial court) denying his motion for post-trial relief and ordering him to pay Northslope III Owners Association (Association) $13,337.63 in dues and assessments. The Association has filed a cross-appeal from the trial court’s order denying its post-trial motion and ordering Harley to pay only a portio... More...   $0 (05-05-2009 - PA)

Holter Lakeshores Homeowners Association, Inc. v. Stephen L. Thurston, Victoria J. Thurston, Lonnie r. thurston

¶1 Appellant, Holter Lakeshores Homeowners Association (HLHA), brought suit against Stephen, Victoria, and Lonnie Thurston (Thurstons), to quiet title to an easement for parking and boat docking on two lots next to Holter Lake in Lewis and Clark County. The District Court granted summary judgment in favor of Thurstons. HLHA appeals.

¶2 The dispositive issue on appeal is whether the Distri... More...
   $0 (04-29-2009 - MT)

Marilyn Froling Revocable Living Trust v. Bloomfield Hills Country Club, et al.

This is a consolidated appeal arising out of flooding on residential property located on Rathmor Road in the City of Bloomfield Hills. In Docket No. 275580, plaintiff Marilyn Froling Revocable Living Trust (the Froling Trust) appeals as of right from the trial court’s December 21, 2006 order granting the City of Bloomfield Hills (the City), Alan and Marilynne Kiriluk, Roger and Barbara Smith, an... More...   $0 (04-09-2009 - MI)

Helen Muther, et al. v. Broad Cove Shore Association, et al.

[¶1] The Broad Cove Shore Association appeals from a summary judgment entered by the Superior Court (Cumberland County, Crowley, J.) in favor of Helen Muther and Paul Woods on count IX of their amended complaint seeking to enforce a settlement agreement between the parties. The Association argues primarily that summary judgment was inappropriate because genuine issues of material fact remain rega... More...   $0 (04-07-2009 - ME)

Vargas Limited Partnership and Kit Martin v. Four "H" Ranches Architectural Control Committee

[¶1] Four “H” Ranches Architectural Control Committee (ACC) brought suit on behalf of adjoining landowners in a residential subdivision located in Laramie County, Wyoming, to enforce the subdivision‟s declaration of protective covenants and enjoin the construction or improvements of several buildings by Vargas Limited Partnership, a defunct Wyoming Limited Partnership, and Kit Martin, indi... More...   $0 (02-25-2009 - WY)

Larry Calemine, et al. v. Walter Samuelson

Plaintiffs and appellants Larry and Camille Calemine appeal from a summary judgment entered in favor of defendant and respondent Walter Samuelson (Samuelson).

The trial court ruled that Samuelson, the seller of a condominium purchased by appellants, met his burden to show the absence of a triable issue of fact concerning his disclosure of facts relating to water intrusion. We reverse. While... More...
   $0 (02-17-2009 - CA)

Valley View Village South Improvements Association, Inc. v. Jarrell Brock, et al.

In 1974, a developer, Valley View Village South, Inc., acquired land, created a subdivision and recorded a plat of land that is the subject of this dispute. In 1975, the developer recorded a Declaration of Covenants, which provided for establishment of a property owners’ association known as Valley View Village South Improvement Association, Inc.; that association was incorporated as a Missouri ... More...   $0 (02-16-2009 - MO)

Alsatian Heights Homeowners Association v. Omar Rodriguez

Alsatian Heights Homeowners Association appeals a summary judgment granted in favor of Omar Rodriguez declaring that Rodriguez’s home is not in violation of the Declaration of Restrictive Covenants, Conditions, and Restrictions for the Alsatian Heights Subdivision (the “Declaration”). The Association contends that the trial court erred in granting summary judgment in favor of Rodriguez and b... More...   $0 (02-04-2009 - TX)

John Hailstone v. Sam Martinez, et al.

Appellants, Sam Martinez, Frank Dickson, and Ron Rocha, challenge the trial court’s denial of their motion to strike the defamation complaint filed by respondent, John Hailstone, as a strategic lawsuit against public participation (SLAPP) under Code of Civil Procedure1 section 425.16. The trial court concluded that the alleged defamatory statements did not concern an issue of public interest and... More...   $0 (12-23-2008 - CA)

Skyline Woods Homeowners Association, Inc., et al. v. David A. Broekemeier, et al.

Liberty Building Corporation (Liberty) and its owners appeal from the district court’s order finding that the property purchased by Liberty in a chapter 11 bankruptcy sale is burdened by restrictive covenants limiting its use to a golf course. Liberty wished to develop the property for other purposes, but homeowners adjacent to the property filed suit to compel its continued maintenance as a gol... More...   $0 (12-05-2008 - NE)

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