Beebe v. Bridger Creek Subdivision Cmty. Ass’n
Annotate this CaseThis dispute arose out of the interpretation of the covenants and bylaws of the Bridger Creek Subdivision Community Association. Bill Beebe, as co-trustee of his wife’s trust, which owned a home in the subdivision, filed a petition for declaratory relief against the Board of Directors of the Association. The Board counterclaimed for unpaid homeowner assessments and dues. Beebe then filed a motion requesting a declaratory judgment supporting his interpretation of certain provisions in the covenants and bylaws that concerned the Association’s collection of assessments from its members. The district court granted Beebe’s motion for declaratory judgment and granted the Board’s motion for summary judgment on its counterclaim for dues and assessments. The court awarded both parties attorney fees and costs. The Supreme Court affirmed in part and reversed in part, holding that the district court (1) did not err in granting declaratory judgment in favor of Beebe, as the court’s interpretation of the covenants and bylaws was correct; but (2) erred in awarding attorney fees and costs to Beebe, as equitable considerations did not support such an award in this case.
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