Recent Court Rulings
Facts: Lot owners in a planned residential community owned two adjacent lots. After several years, they combined both lots into a single lot. They followed state law to do so and properly recorded the change. When the association charged them for assessments for each of the two lots, which now were combined, the owners objected.
Facts: Two homeowners cultivated a vineyard on their land in a planned community for the purpose of making wine to be sold to the public. The association’s CC&Rs didn’t prohibit the cultivation of a vineyard for this purpose, but they did prohibit “any business or commercial activity.” Several other homeowners objected to the operation of what they considered to be a commercial vineyard in violation of the prohibition against any business or commercial activity.
Facts: Over the course of several years, a construction company performed construction work for an association. When the association encountered financial trouble, it requested a loan from the construction company. The association also needed to replace a deteriorating retaining wall and asked the construction company to bid on the project. The parties agreed to and executed: (1) a promissory note memorializing the loan; and (2) a contract for the construction of the wall.
Facts: A homeowners association was formed in 2013 to govern several homes, which then became a planned community. The association began to charge a yearly fee of $300 to its members, which was used to maintain and repair the only common areas in the association—a road and a gate installed on the roadway. The homeowners were made aware of the $300 per year assessment fee via a hand-delivered letter and a mailed letter. None of the homeowners responded with an objection immediately.