Swan Creek Village Homeowners Association v. Warne

134 P.3d 1122 (2006)

Study Aids
Case Briefs Overview
Casebooks
Case Briefs
S
From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

Swan Creek Village Homeowners Association v. Warne

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

MP

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.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 810,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 810,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 810,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Housing Law

Key Terms