Conkey v. Sleepy Creek Forest Owners Association (Signed Opinion)
Annotate this CaseThe Supreme Court affirmed the circuit court’s order granting summary judgment against Plaintiffs, lot owners in the Sleepy Creek Forest Subdivision, on their complaint against the Subdivision’s Association alleging that delinquent assessments represented increases in annual assessments that were never properly voted on by the Association. Specifically, Plaintiffs alleged that the increases were ultra vires with respect to the subdivision’s covenants and restrictions and that the Association’s attempts to collect the delinquent assessments violated the West Virginia Consumer Credit and Protection Act. The Supreme Court held (1) the circuit court properly granted summary judgment for the Association because the assessment increases were valid; and (2) the circuit court correctly awarded attorney’s fees to the Association.
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