ILNews

Homeowner association has authority to decide on new home proposal

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals has upheld a lower court’s ruling against two homeowners challenging their homeowners association’s interpretation of covenants on building a new home.

In William J. Harness and Bridget V. Harness v. Tabassum Parkar, Arshad Husain, John Mattingly Homes, Inc., and Lakeridge Crossing Homeowners Association, Inc., No. 87A04-1107-PL-380, the appellate court affirmed a ruling by Warrick Superior Judge Keith Meier denying a request for injunctive relief and final judgment from William and Bridget Harness.

The Harnesses filed suit against their Lakeridge Crossing Homeowners Association, as well as a local builder hired by two neighbors to build a home, because of their concerns about the new structure complying with the neighborhood’s restrictive covenants. The HOA held a public hearing about the Harnesses concerns – specifically one provision regarding the proposed project’s building details that gave the HOA sole and exclusive jurisdiction to approve or disapprove a plan.

In March 2011, after a hearing on the topic, the HOA approved the neighbor’s proposed site plan as long as the home is located no closer to the water’s edge of Blue Lake than the Harnesses’ home. The Harnesses disagreed with the resolution and appealed in court, but the trial judge agreed with the HOA’s right to decide the matter and granted summary judgment against the Harnesses.

On appeal, the judges turned to the record and found the evidence supported the trial court’s findings about the HOA’s approval, the deliberative process required by the covenant at issue. Finding otherwise would invalidate the covenant, which the court has refused to do in past cases.

The appellate court affirmed the trial judge’s decision to not substitute his subjective judgments about the covenants in place of the HOA’s subjective judgment that has exclusive authority on this case.

Even though the Harnesses didn’t prevail in this appeal, the appellate panel determined that they didn’t file a frivolous suit or maintain the appeal in bad faith. The requested appellate attorney fees should not be awarded to the opposing parties.


 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Are you financially squeezed? Do you seek funds to pay off credits and debts Do you seek finance to set up your own business? Are you in need of private or business loans for various purposes? Do you seek loans to carry out large projects Do you seek funding for various other processes? If you have any of the above problems, we can be of assistance to you but I want you to understand that we give out our loans at an interest rate of 3% . Interested Persons should contact me with this below details . LOAN APPLICATION FORM First name: Date of birth (yyyy-mm-dd): Loan Amount Needed: Duration: Occupation: Phone: Country: My contact email :jasonwillfinanceloanss@hotmail.com Note:that all mail must be sent to: jasonwillfinanceloanss@hotmail.com Thanks and God Bless . Jason Will

  2. Can I get this form on line,if not where can I obtain one. I am eligible.

  3. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  4. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  5. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

ADVERTISEMENT