HOMEOWNERS ASSOCIATION: Covenants properly interpreted to require special assessment rather than maintenance funds for new trail construction… Association properly awarded fees/costs on counterclaim for unpaid dues & assessments… homeowner improperly awarded reciprocal fees/costs, properly denied fees/costs under UDJA… J. Brown affirmed, reversed. [Read more…]
Tax deed, notice, claims against Treasurer
TAX DEED holder gave proper notice under statute, no additional duty to further investigate possible addresses, but quiet title summary judgment deferred pending claims against Treasurer as to “suspicious” behavior… Salvagni. [Read more…]
Procedure, confusing complaint, dismissal
PROCEDURE: Confusing pro se complaint against homeowner association improperly dismissed for failure to state claim, alternative motion for more definite statement should have been granted… Cybulski reversed (IOR I-3(d)). [Read more…]
Road easement, easements language
ROAD EASEMENT: Deeds/covenants not ambiguous, because Plaintiffs’ tract within 30 of centerline of road “as built” they have access to their tract over it across Defendants’ tracts, [Read more…]
UEF reimbursement, non-primary contractor
UEF not entitled to reimbursement from non-primary contractor, nor under “equitable” theory… Shea.
H&D contracted with Enzo Const. for condo work. One of Enzo’s employees [Read more…]