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

(CA) Effective January 1, 2015, There is a New Law Impacting the Installation of Solar Energy Systems

AB 2188, which became effective January 1, 2015, redefines what reasonable restrictions an Association is allowed to require and, in

Court Makes it Easier to Strip Mortgages

Robert and Darlene Blendheim (“Blendheim”) were borrowers who obtained two mortgages from HSBC Mortgages Services in the amounts of $347,900

Colorado construction defects bill opposed by groups it is designed to help

A bipartisan bill described as getting to the “heart” of the construction defect litigation issue saw widespread opposition Wednesday from