Court reviews whether a home owners' association properly amended its restrictive covenants to increase the amount of dues

GRAND VALLEY LAKES PROPERTY OWNERS ASSOCIATION, INC. v. DENNIS BURROW (Tenn. Ct. App. December 28, 2011)

Appellant, the owner of several lots in a subdivision managed and maintained by the Appellee home owners association, appeals the trial court's grant of summary judgment in favor of Appellee on the question of whether Appellant owed an increase in dues and fees on his lots, and the denial of his counter-claims for fraud, violation of the Tennessee Consumer Protection Act, outrageous conduct, and invalidity of the restrictive covenants on grounds that these causes of action were barred by the applicable statutes of limitation or the doctrine of laches.

We conclude that the Appellee followed the correct procedure in amending its restrictive covenants to increase the amount of dues. However, because the trial court did not make findings, as required by Tennessee Rule of Civil Procedure 56.04, concerning the grounds for its application of laches, we cannot review the question of whether Appellant's counter-claims were properly dismissed. Vacated and remanded.

Opinion available at:
http://www.tba2.org/tba_files/TCA/2011/grandvalley_122811.pdf

Court Reviews a Case Involving a Boundary Dispute, Adverse Possession, and Laches

RICHARD L. HOLLOW, TRUSTEE v. BEULAH BUTLER, ET AL. (Tenn. Ct. App. July 26, 2011)

Richard L. Hollow, Trustee ("Plaintiff") sued Beulah Butler with regard to a boundary line dispute. After a trial, the Trial Court entered its order finding and holding, inter alia, that the common boundary line between Plaintiff's real property and Ms. Butler's real property is as shown on a September 17, 2003 survey prepared by Plaintiff's surveyor, James Ogle, and that Ms. Butler had not proven adverse possession, laches, or gross laches. Ms. Butler appeals to this Court. We affirm.

Opinion available at:
http://www.tba2.org/tba_files/TCA/2011/hollowr_072611.pdf