Hi-Country Estates Homeowners Ass’n. v. Frank
Hi-Country Estates Homeowners Ass’n. v. Frank, 2023 UT 7 (Petersen, J.)
Hi-Country HOA sought to assess property within its boundaries. Several property owners refused to pay the assessments. The district court awarded summary judgment to Hi-Country. Frank appealed, arguing that Hi-Country’s authority could not be acknowledged because its founding documents were void ab initio on public policy grounds. The Utah Supreme Court affirmed the district court, holding:
- The governing documents are voidable not void upon creation, and the board’s subsequent and continual recognition of the HOA’s authority was enough to ratify the HOA.
- Practice Tip: Even if attorney’s fees have been awarded by the district court to the prevailing party, under Utah Rules of Appellate Procedure rule 24(a)(9), appellate attorney fees cannot be awarded unless explicitly requested.