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

Condo Association May Violate Consumer Protection Acts

Although they differ in form and substance, many States have enacted Consumer Protection Laws. Their purpose, in the words of

Part 2 on Virginia’s Unauthorized Practice of Law Rules and Community Associations – What is considered the unauthorized practice of law?

Virginia has only one UPL opinion that pertains specifically to HOAs. UPL Opinion 139 addresses “whether a company providing management

Edward CHIARINI, Appellant, v. The STATE of Texas

Court of Criminal Appeals of Texas. Edward CHIARINI, Appellant, v. The STATE of Texas. No. PD–1323–13. Decided: September 17, 2014