Homeowners' association did not waive the right to enforce its CC&Rs and on that basis properly prohibited lot owner from using his property to construct a road to an adjacent planned subdivision.

College Book Centers, Inc. v. Carefree Foothills Homeowners’ Association, 225 Ariz. 533, 241 P.3d 897 (App. 2010)

Type of Case: Commercial Litigation

Practice Area(s): Commercial Litigation

Lawyer(s): Thomas H. Crouch Kurt M. Zitzer

Office(s): Chicago

Meagher & Geer represented a homeowners’ association in a lawsuit brought by a developer. The developer sought to build a road across a lot he owned in a subdivision in order to gain access to adjacent land for development. The developer claimed the association that governs the subdivision had waived the right to enforce the deed restriction that prevents the building of the road. A jury found that waiver had occurred, but on appeal, Meagher & Geer successfully persuaded the court that the waiver claimed should have been dismissed as a matter of law. The court of appeals found that the developer had not presented sufficient evidence that the association’s actions in the past regarding the development constituted waiver of the deed restrictions.

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