DVCC. v. RAIMEY

No. 1 CA-CV 08-0388.

226 P.3d 411 (2010)

DREAMLAND VILLA COMMUNITY CLUB, INC., an Arizona nonprofit corporation, Plaintiff/Counterdefendant/Appellant/Cross-Appellee, v. Daryle G. RAIMEY and Carolyn E. Raimey, husband and wife; Kathryn Pugnier and Vincent Pugnier, wife and husband; Joseph Kuka and Arylynne Kuka, husband and wife; Edward Bernal and Bertha J. Bernal, husband and wife; Philip Morgan and Glynda M. Morgan, husband and wife; Dorothy Norris and John Doe Norris, wife and husband; Deannalee C. Plant and John Doe Plant, wife and husband; Frank S. Ponio and Ellen J. Ponio, husband and wife; Harold G. Robinson and Anita R. Robinson, husband and wife; Jose Segura and Rosalina Segura, husband and wife; James Shields and Eileen Shields, husband and wife; Arthur H. Sprandel and Janice E. Sprandel, husband and wife; Robert D. Wimsett and Carolyn Wimsett, husband and wife; Frank B. Wolgan and Betty J. Wolgan, husband and wife; James H. Anhorn and Jane Doe Anhorn, husband and wife; Harold M. Britton and Janet E. Britton, husband and wife; Howard R. McKillip and Debra McKillip, husband and wife; Nelson J. Dean and R. Shirley Dean, husband and wife; Evangelina Demarbiex, Beneficiary of the Evangelina Demarbiex Trust; Harold L. Geivett and Ruby Geivett, husband and wife; Mabelle Lerstad and John Doe Lerstad, wife and husband; Roy Don Fields and Susan Fields, husband and wife, Defendants/Counterclaimants/Appellees/Cross-Appellants, and Edward L. Young and Joann Young, husband and wife; W.T. Tiller and Norma J. Tiller, husband and wife; Roger Breyfogle and Maria Breyfogle, husband and wife, Defendants/Counterclaimants/Appellees.

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

March 16, 2010.


Attorney(s) appearing for the Case

Maxwell & Morgan, PC By Charles E. Maxwell, Brian W. Morgan, Mesa, Attorneys for Plaintiff/Counterdefendant/Appellant/Cross-Appellee.

Cheifetz Iannitelli Marcolini, PC By Steven W. Cheifetz, Stewart F. Gross, Matthew A. Klopp, Phoenix, Attorneys for Defendants/Counterclaimants/Appellees/Cross-Appellants.


OPINION

THOMPSON, Presiding Judge.

¶ 1 This appeal and cross-appeal concern the validity of amendments to deed restrictions creating a homeowners' association and requiring homeowners within the community to pay assessments as well as the trial court's decision not to award attorneys' fees to the prevailing party in the matter. For the following reasons, we reverse and remand.

FACTUAL AND PROCEDURAL HISTORY

¶ 2 Dreamland Villa...

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