Eagle Ridge Estates Homeowners Ass'n v. Anderson
Annotate this CaseDefendants owned three lots in the Eagle Crest subdivision adjacent to the Eagle Ridge Estates (Eagle Ridge) subdivision. Defendants' predecessor in title obtained a private access easement from the prior owners of Eagle Ridge, which allowed Defendants to access their property in Eagle Crest by way of roads running through Eagle Ridge. In exchange, the grantee of the easement agreed to pay an annual general road assessment for each lot. The Eagle Ridge Homeowners Association (Association) brought suit against Defendants for their failure to pay general assessments for three assessment years. Defendants argued that the Association only had authority to assess general road assessments against them and not general assessments. Ultimately, the trial court found in favor of the Association and awarded attorney fees, finding that the expenditures made by the Association were associated with roads. The Supreme Court affirmed on all issues with the exception of the Association's request for certain attorney fees because of contradictory findings and conclusions by the trial court. Remanded.
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