Utah HOA Case Law

American National Property & Casualty Company v. Sorensen (common area as insured location under homeowner's policy) '13

Architectural Committee of Mount Olympus Cove v. Kabatznick (standing to represent owners) '97

B. Investment LC v. Anderson (plat v CC&Rs, unit definition) '12

Behar v. Johnson (mootness, derivative action, substantial benefit doctrine, interpreting governing documents) '24

Bell Canyon Acres Homeowners Association v. Mclelland (declaratory judgment, joinder of parties) '19

Bonneville Tower v. Thompson Michie Assoc. (standing to represent owners, indispensable parties) '86

Brickyard HOA Management Committee v. Gibbons (standing to represent owners) '83

Centennial Pointe v. Onyeabor (late fees as liq. damages, constructive notice) '09

Cochegrus v. Herriman City (common area liability) '20

Cocks v. Swains Creek Pines Lot Owners Ass'n (interpreting governing documents, waiver, business judgment) '23

Country Oaks Condo MC v. Jones (what is unit, unit = enclosed area) '93

Crimmins v. Simonds (enforceability of covenant breached many times) '81

Dansie v. Hi-Country Estates HOA (Dansie 1) (recording & notice of covenants, merger, general plan or scheme) '99

Dansie v. Hi-Country Estates HOA (Dansie 2) (easement for road, costs of road maintenance) '04

Davencourt at Pilgrims Landing HOA v. Davencourt et al. (economic loss doctrine, developer duties, implied warranty of habitability) '09

Ditty v. Checkrite (attorney liability under FDCPA) '97

Equine Holdings LLC v. Auburn Woods LLC (contract reformation vs interpretation) '21

Fink v. Miller (abandonment of covenant, enforcement) '95

Fort Pierce v. Shakespeare (CC&Rs not strictly construed) '16

Gables at Sterling v. Castlewood-Sterling (defective construction, privity, assignment, breach of fiduciary duty) '18

Gonzalez v. Cullimore (FDCPA) '18

Grassy Meadows SR v. Grassy Meadows Airport (amending CC&Rs by developer) '12

Hayes v. Gibbs (general plan or scheme; tax sale) '46

Hi-Country v. Emmer (evaluating independence of committee in derivative suit) '13

Hi-Country Estates v. Frank (unsigned covenants voidable not void) '23

Hi-Country Estates v. Mountaintop Prop. (unsigned covenants voidable not void) '23

Holladay Duplex Management Co v. Howells (CC&R interpretation) '02

Hutter v. Dig-It (statutory lien never a wrongful lien) '09

Johannessen v. Canyon Road Towers (modification of assessment, ownership interests, estoppel) '02

Kelly v. Timber Lakes Prop. Owners Ass'n (nonjudicial foreclosure, attorney fees, first-to-breach) '22

Kenny v. Rich (attorney fees) '08

Labor Commission (UALD) v. FCS Community Mgmt. (Fair Housing, assistance animal, reasonable accommodation, constructive denial) '24

Levanger v. Vincent (strict compliance, voting procedures) '00

Lodge at Westgate Park City v. Westgate Resorts (standing to represent owners, promissory estoppel, ratification, common area definition)

Nassi v. Hatsis (designation of common area for owners' use, abandoned property) '23

North Fork Meadows Owners Ass'n v. Dove (attorney fees, injunction) '23

Oak Lane HOA v. Griffin (easement by plat) '11

Osmond Lane HOA v. Landrith (authority of entity, authority for HOA action, ratification) '13

Park West Condo v. Deppe (which law governs, strict compliance) '06

Pioneer Home Owners Ass'n v. TaxHawk (__) '19

Pioneer Home Owners Ass'n v. TaxHawk (authority of agent, statute of frauds) '25

Rapoport v. Four Lakes Village (ARC review, requiring neighbors' consent for an improvement, attorney fees) '13

Reedeker v. Salisbury (director liability, ultra vires, CC&Rs are a contract, interpretation, governing law) '98

Rowley v. Marrcrest HOA (waiver, estoppel, ARC review, self help) '82

Secor v. Knight (merger doctrine as to covenants) '86

Skypark Airport Ass'n, LLC v. Jensen (__) '13

Smith v. Frandsen (duty of care of developer, builder) '04

Smith v. Simas (injunction not appropriate, balancing of equities) '14

South Ridge Homeowners' Assoc v. Brown (interpreting documents, short term rentals) '10

Stein Eriksen Lodge Owners Association v. MX Technologies (authority of agent, ratification of contract, liquidated damages) '22

Swan Creek v. Warne (authority of entity, ratification, assessments, tax sale, CC&Rs as contract) '06

Swenson v. Erickson (abandonment, architectural review) '00

Swenson v. Erickson (amending covenants) '07

Sycamore Family v. Vintage on the River HOA (statute of limitations, nuisance, trespass) '06

Thompson v. Capener (statute of frauds, ratification) '19

Three Fountains v. Leigh (capital improvements) '98

Timber Lakes Property Owners Association v. Cowan (injunctive relief/irreparable harm) '19

Todd Hollow v. Homes at Deer Mountain (developer assignment) '15

Turner v. Hi-Country HOA (paying assessments when no benefit received) '96

UDAK Properties v. Canyon Creek Commercial (court gives effect to each contract provision, interpretation) '21

United States v. Fox Point at Redstone Association, Inc., No. 2:11-cv-01069 (discrimination, assistance animal)

Vanderwood v. Woodward (abandonment, CC&R interpretation, injunctive relief) '19

View Condo Ass'n v. MSICO (developer amendments, plat amendments, takings) '05

Walker Invest v. Sunpeak Ass'n (records request, emails and phone numbers) '15

WDIS, LLC v. Hi-Country Estates Homeowners Association (quiet title, statute of limitations) '19

WDIS, LLC v. Hi-Country Estates Homeowners Association (unsigned covenants voidable not void) '22

Workman v. Brighton Properties, Inc. (paying assessments when no benefit received) '99