WDIS, LLC v. Hi-Country Estates Homeowners Ass'n
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The Supreme Court affirmed the decision of the district court denying Landowners' motion for summary judgment in their action to quiet title to their property against a homeowners association (HOA), holding that the district court did not err.
Landowners purchased properties within the boundaries of the HOA but later discovered that the person who signed and recorded the documents purporting to create the HOA owned a mere 0.4 percent of the territory he sought to include within the boundaries of the HOA, and no other landowners had signed the recorded documents. Landowners, who met resistance in trying to develop their property, brought this action alleging that the HOA and its subsequently amended restrictive covenants were void ab initio. The district court denied Landowners' motion for summary judgment. On appeal, Landowners argued that the covenants must be declared absolutely void under the test set forth in Ockey v. Lehmer, 189 P.3d 51 (Utah 2008). The Supreme Court affirmed, holding that restrictive covenants that are recorded without the signature of the affected landowner are voidable, not absolutely void.
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