Carroll v. El Dorado Estates Division No. Two Association, Inc.

680 P.2d 1158 (1984)

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Carroll v. El Dorado Estates Division No. Two Association, Inc.

Alaska Supreme Court
680 P.2d 1158 (1984)

Facts

The El Dorado Estates Division Number Two Association, Inc. (the association) (plaintiff) filed suit against James Carroll and two other condominium owners (collectively, Carroll) (defendants), seeking an injunction to enforce an amended bylaw prohibiting pets. The bylaws originally permitted pets when the condominium’s declaration was filed in 1976, but the bylaws were amended in 1979 when 20 of 23 unit owners voted in person or by proxy to amend the bylaws to prohibit pets. Carroll conceded noncompliance with the amended bylaw but argued that it was invalid because the association failed to give adequate notice of the purpose of the annual meeting at which the amendment was adopted. The trial court granted summary judgment for the association. Carroll appealed, making the same inadequate-notice argument. Specifically, Carroll argued that because the notice of the annual meeting did not indicate that a pet ban would be considered, the notice was not sufficient. The association argued that even if the notice was not sufficient, Carroll’s attendance by proxy constituted a waiver of any objection.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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