COVENANTS: Amended declaration of covenants that allowed metal roofs and chickens that got 62.5% of owners who voted failed to get requisite 2/3 vote of all owners for renewal (as contrasted with 60% for modification)… declaration expired, HOA cannot enforce… Ohman affirmed. [Read more…]
Easement, RR right-of-way to land-locked property
EASEMENT: Claim of prescriptive easement across railroad right-of-way to land-locked property rejected… McElyea affirmed. [Read more…]
HOA, bedroom addition for visiting parents
HOA: Bedroom addition for visiting parents with stubbed out places for kitchen and laundry properly construed as not violating Covenants’ restriction to single family dwelling… $37,621.60 attorney fees & costs properly awarded to homeowner per Covenants reciprocity… Ohman affirmed (memorandum). [Read more…]
Mootness, condo homeowner association split
MOOTNESS: Condo homeowners’ suit challenging split of the Association properly dismissed as moot after developer revoked split amendment, voluntary cessation exception to mootness properly not applied… neither party prevailing for attorney fees… Rienne McElyea affirmed. [Read more…]
HOA covenants, fishing lodge short-term rentals
HOA COVENANTS: Use of property for fishing lodge short-term rentals not violative of “use for residence only” restriction… McMahon affirmed. [Read more…]
Water, subdivision wells, outside use restriction
WATER: Covenant precluding use of water from subdivision wells outside of subdivision not a reasonable restraint on alienation of water right… J. Brown reversed. [Read more…]
Order of protection, landowners association members
ORDER OF PROTECTION: Permanent order properly entered against landowners association members and in favor of Board members based on stalking and threatening behavior… Gilbert affirmed (IOR I-3(c)). [Read more…]
Order of protection, no contact with HOA Board
ORDER OF PROTECTION: Supervisory control of Gilbert denied as to interim order limiting contact with HOA Board. . . order. [Read more…]
Easement, reserved for future driveway
EASEMENT: Express easement for future driveway reserved over granted land in favor of retained land… permission from all owners required for gate… fees/costs denied because all parties partly prevailed (Plaintiffs lost claims for trespass and nuisance damages)… Salvagni affirmed (IOR I-3(c)). [Read more…]
Residential construction, oral contract, quantum
RESIDENTIAL CONSTRUCTION: Equitable relief in quantum meruit proper for architectural services despite void oral construction contract… attorney fees improperly awarded for entire case rather than just architectural part of lien, improperly awarded on quantum meruit claim… Gilbert affirmed, reversed. [Read more…]