Harlan v. Frawley Ranches Planned Unit Development Homeowners Ass’n
Annotate this CaseThe Supreme Court affirmed in part and reversed in part the circuit court’s judgment denying Landowners’ claims seeking to quiet title to their property and seeking a declaration that a certificate of renewal and amendment filed by a homeowners association (HOA) was invalid because it was allegedly filed in violation of the requirements established by a “declaration of covenants, conditions, restrictions, and reservations for land[.]” The Supreme Court held (1) nothing within the declaration of covenants of the HOA or within its bylaws required that an election to amend the declaration of covenants’ term be conducted at an annual or special meeting of the members; but (2) the court erred when it determined that a required ninety percent of the members of the HOA voted to amend the term of the covenant.
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