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

Nevada federal court holds FHFA must consent to HOA ‘super-priority lien’ foreclosures

The U.S. District Court for the District of Nevada recently held that the federal Housing Economic Recovery Act of 2008

Major Legal Win for Condo Boards (NY)

Appeals court rules developer and principals can be liable for breach of contract and fraud.

(FL) Governor signs HB 643 making condo terminations more difficult

On June 16, 2015, Governor Rick Scott signed HB 643 into law, making sweeping changes to Section 718.117 of the