Month: June 2013
“Hearsay” Not Enough to Invalidate Roof Bylaw
Facts: After an association denied two owners’ request to install a new asphalt roof on their home using materials not authorized by the “2006 Roof Specifications” portion of the bylaws of the association, the owners sued the association and 16 individual homeowners in the community. A trial court dismissed the claims against the individual homeowners. The association asked the court for a judgment in its favor without a trial, which was granted.
Members’ Agreement to Pay Dues “Implied in Fact”
Facts: An association sued two of its members to collect outstanding assessment dues and charges required from property owners in the community to maintain the neighborhood, pay for a private police force, and pay management fees. The members hadn’t paid dues for nearly four years.