Idaho Supreme Court Revisits CC&R Case, Supports Association Attorneys Fee Award

In 2013, the Idaho Supreme Court reversed a grant of summary judgment in a case brought by the members of a homeowner association against an entity purporting to be the declarant of their community Sky Canyon Props. v. Golf Club at Black Rock, LLC, 155 Idaho 604, 315 P.3d 792, 794 (2013) (Sky Canyons I). In that opinion, the Court found that an LLC known as The Golf Club, formed with the express purpose of selling club memberships, could not be the successor declarant described in the CC&Rs because the CC&Rs required that a successor declarant take “title to all or part of the Property in a bulk purchase for the purpose of development and sale.” At 4 (emphasis is mine).     Read the article……………..


Related Articles

HOA HOMEFRONT: Taking a look at proposed legislation

While normally one thinks of Sacramento as the source of homeowner association law, Washington D.C. is increasingly becoming involved. Multiple

4TH DCA Corrects Prior Ruling and Clarifies Limited Application of Quadomain Decision

In what constitutes great news for community associations in Florida, the Fourth District Court of Appeals has clarified its prior

Another Owner Successfully Sues Condo Corp. for Oppression

In a prior blog post we noted that in walkable neighbourhoods in the downtown core, many condo unit purchasers are