Court Reverses Trial Court’s Award of Daily Damages Against Owner
The case involved a dispute between a homeowners association (“Association”) and a homeowner (“Owner”) over Owner’s alleged violations of Association’s governing documents with regard to the manner in which Owner was maintaining her property. Association filed an action against Owner in late 2015 alleging Owner’s breaches of Association’s CC&Rs for Owner’s failure to perform maintenance on her property. Association asserted that Owner “was using her home as a storage facility and she had allowed parts of the exterior to become broken, missing, or dilapidated.” Association further alleged that Owner had “excessive items within the home that can be viewed from neighboring property and/or constitute a health and safety hazard to the rest of the members in the community.” For these alleged violations, Association request the court to issue an injunction against Owner to compel her to comply with the CC&Rs and was imposing fines on Owner at a rate of $25.00 per day.
Arizona Appellate Court decision (October 26, 2017).