Property; Homeowners associations; standing

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Property
Homeowners associations; standing

Members of a homeowners association have standing to bring direct claims relating to annual assessments and are not limited to bringing derivative claims.

“[T]he Ewers have a contractual obligation to pay the assessment authorized by the bylaws for a consolidated site owner and a corresponding right, also contractual, not to pay assessments greater than those authorized by the bylaws. The obligation to pay the assessment authorized by the bylaws and the right to pay no more than that is individual to each parcel owner, including the Ewers, because the assessment is imposed on each parcel owner as an individual. The adverse consequence of not paying the charged assessment in a timely manner illustrates the individual nature of the obligation to pay the assessment: the loss of the right to attend meetings and the right to vote, which each individual parcel owner would otherwise have. “

“Because the Ewers each have a right as an individual to pay no more in assessments than the bylaws authorize, they each suffer a direct injury as an individual if they pay more than the bylaws authorize.”

Reversed and Remanded.

Recommended for publication in the official reports.

2011AP113 Ewer v. Lake Arrowhead Association, Inc.

Dist. IV, Adams County, Pollex, J., Vergeront, J.

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