Swan Creek Village Homeowners Association v. Warne

134 P.3d 1122 (2006)

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Swan Creek Village Homeowners Association v. Warne

Utah Supreme Court
134 P.3d 1122 (2006)

Facts

Alicia Warne and others (the lot owners) (defendants) purchased lots in the Swan Creek Village development at a 1994 tax sale. After the lot owners argued that the tax sale extinguished any obligation for previous assessments levied on the lots in 1986, the Swan Creek Village Homeowners Association (the association) (plaintiff) imposed a new 1996 assessment to cover unpaid 1989 assessments and gave credits to those who already had paid the 1989 assessment. When the lot owners refused to pay, the association sued them to enforce and collect the 1996 assessment. The trial court granted summary judgment for the association. The lot owners appealed, arguing that the 1996 assessment was an unauthorized resuscitation of the 1986 assessment that the tax sale extinguished. Relevant sections of the declaration provided that (1) the association had the power to collect from every member a uniform monthly charge; (2) each lot owner had to pay the management association its allocated portion of maintenance expenses; (3) all lot owners agreed to pay the association all charges the association would make; and (4) each monthly and each special assessment was a separate, distinct, and personal to the lot owner of the lot against which the assessment was levied.

Rule of Law

Issue

Holding and Reasoning (Parrish, J.)

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