Hi-Country Estates Homeowners Ass'n, Phase II v. Frank
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The Supreme Court affirmed the judgment of the district court partially granting summary judgment concluding that a homeowners association (HOA) was entitled to collect past due assessments against Robbie Frank, the trustee of two trusts that each owned a lot within the HOA's boundaries, but that a bench trial was necessary to determine the amount owing, holding that the district court did not err.
On appeal, Frank argued (1) the documents establishing the HOA were void as against public policy and that void documents cannot be ratified, and (2) in the alternative, the district court erred in determining that ratification had occurred in this case. The Supreme Court affirmed, holding (1) the governing documents were merely voidable, not absolutely void; and (2) the district court did not err in determining that the HOA had authority to assess the properties because the HOA members collectively ratified the HOA's authority.
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