[DOWNLOAD] "Ostrowski v. Ivanhoe Property Owners Improvement Association" by Court of Appeals Second District of Texas Fort Worth # Book PDF Kindle ePub Free
eBook details
- Title: Ostrowski v. Ivanhoe Property Owners Improvement Association
- Author : Court of Appeals Second District of Texas Fort Worth
- Release Date : January 25, 2001
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 78 KB
Description
In this case we address two appeals arising from a declaratory judgment action by a group of lot owners against the Ivanhoe Property Owners Improvement Association, Inc. (the Association). In the first appeal, the lot owners appeal from the trial courts summary judgment declaring, among other things, that in the future the fees lot owners are required to pay may be increased by vote of a majority of those voting, which the owners allege violates the provisions in various dedicatory instruments. In the second appeal, the Association appeals the trial courts judgment invalidating previously assessed fees. The Association alternatively contends that the owners have waived their right to recover the previously paid fees, or have ratified their assessment, so the trial court erred in denying the Associations claim against the owners for collection of past due assessments and attorneys fees for enforcing such assessments. We reverse and render judgment on the owners motion for partial summary judgment, and remand for a determination of their reasonable attorneys fees. The Associations claim for collection of past due fees and the owners claims for reimbursement of past paid fees are severed and remanded to the trial court for trial.