Justice Holdings, LLC v. Glade Springs Village Property Owners Ass'n (Signed Opinion)
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The Supreme Court reversed in part and vacated in part the decision of the circuit court determining that the Uniform Common Interest Ownership Act (Uniform Act) applied to the Glade Springs Village (GSV) community and finding that Justice Holdings, LLC, the developer of GSV, owed funds to the GSV Property Owners Association, Inc., holding that the order was insufficient to allow adequate appellate review with respect to the assessments and other funds.
Justice Holdings controlled the Association and selected the Association's Board of Directors until 2018, when the GSV lot owners elected the Board. Justice Holdings later sued the Association for nonpayment on a loan, claiming breach of contract and entitlement to specific performance. The Association counterclaimed, seeking a declaratory judgment that the Association's declaration's exemption provisions violated the Uniform Act. The circuit court granted summary judgment for the Association. The Supreme Court (1) affirmed the circuit court to the extent it granted summary judgment on the loan issue and finding that the Uniform Act applied; but (2) reversed in part, vacated in part, and remanded the portion of order regarding the payments of assessments and funds because the order made insufficient findings of fact and conclusions of law to allow adequate appellate review.
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