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SHAMROCK v. WAGON WHEEL PARK HOMEOWNERS ASS'N

No. 1 CA-CV 02-0403.

75 P.3d 132 (2003)

206 Ariz. 42

John W. SHAMROCK, a single man; Arthur A. and Lois J. Gilcrease Family Trust by Arthur A. and Lois J. Gilcrease, Trustees; David H. Hemmings, a single man; The Pollard Family Trust by James E. and Marie T. Pollard, Trustees; J.C. & C. Investments, L.L.C. by Robert Oliver Cromwell, partner; Edward E. Smith and Margaret Smith, husband and wife; Lewis Revocable Trust by Francis W. Lewis and Marlene C. Lewis, Trustees, Joe Kaczmarski and Ada Kaczmarski, husband and wife; and William R. Detor, a single man, Plaintiffs-Appellees, v. WAGON WHEEL PARK HOMEOWNERS ASSOCIATION, a nonprofit Arizona corporation, Defendant-Appellant.

Court of Appeals of Arizona, Division 1, Department A.

As Amended September 5, 2003.

Attorney(s) appearing for the Case

Jackson White, P.C. By James L. Tanner, Mesa, Attorneys for Appellees.

Olcott & Shore, PLLC By Jonathan J. Olcott, William F. Shore, III, Phoenix, Attorneys for Appellant.

OPINION

TIMMER, Judge.

¶ 1 How can mandatory membership in a newly created homeowners' association be imposed on residents of an existing subdivision? We resolve that question in Wagon Wheel Park Homeowners Association's appeal of a summary judgment entered against it on appellees' complaint for declaratory and other relief. For the reasons that follow, we hold that mandatory membership in a new homeowners' association can only be imposed on owners...

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