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KALWAY v. CALABRIA RANCH HOA, LLC

No. CV-20-0152-PR.

506 P.3d 18 (2022)

Maarten KALWAY, a married man dealing with his sole and separate property, Plaintiff/Appellant, v. CALABRIA RANCH HOA, LLC, an Arizona Limited Liability Company; Mark A. Reid and Florence J. Clark, husband and wife; Edward A. Phlaum and Diane Lyn Phlaum, husband and wife and as co-trustees of the Edward A. and Diane Lyn Phlaum Revocable Trust, dated April 10, 2017; and Stuart J. Scibetta, an unmarried man and as trustee of the Stuart J. Scibetta Living Trust dated April 1, 2015, Defendants/Appellees.

Supreme Court of Arizona.

Filed March 22, 2022.

Attorney(s) appearing for the Case

Gerard R. O'Meara , Charles W. Wirken (argued), Gust Rosenfeld P.L.C., Phoenix, Attorneys for Maarten Kalway.

Craig L. Cline (argued), Thompson Krone P.L.C., Tucson, Attorneys for Calabria Ranch HOA LLC, Mark A. Reid, Florence J. Clark, Edward A., and Diane Lyn Phlaum, The Edward A. and Diane Lyn Phlaum Revocable Trust, Dated April 10, 2017, Stuart J. Scibetta, and The Stuart J. Scibetta Living Trust Dated April 1, 2015.

CHIEF JUSTICE BRUTINEL authored the opinion of the Court, in which VICE CHIEF JUSTICE TIMMER and JUSTICES BOLICK, LOPEZ, BEENE, and MONTGOMERY joined.

¶1 In this case, we are asked to decide the extent to which a homeowners' association ("HOA") may rely on a general-amendment-power provision in its covenants, conditions, and restrictions ("CC&Rs") to place restrictions on landowners' use of their land. Although CC&Rs are generally enforced...

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