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HI-COUNTRY ESTATES HOMEOWNERS v. FRANK

No. 20200689.

533 P.3d 1142 (2023)

2023 UT 16

HI-COUNTRY ESTATES HOMEOWNERS ASSOCIATION, PHASE II, Appellee, v. Robbie FRANK, AS TRUSTEE OF HIGH CANYON RD 20 TRUST, DATED MAY 27, 2009, AND HIGH CANYON RD 15 TRUST, DATED MAY 27, 2009, Appellant.

Supreme Court of Utah.

Filed May 4, 2023.

Amended July 20, 2023.

Rehearing Granted July 20, 2023

Attorney(s) appearing for the Case

Jeffrey L. Silvestrini , Stephen T. Hester , Bradley M. Strassberg , Salt Lake City, for appellee.

Troy L. Booher , Beth E. Kennedy , Taylor P. Webb , Salt Lake City, Landon A. Allred , South Jordan , Bruce R. Baird , Salt Lake City, for appellant.

Justice Petersen authored the opinion of the Court in which Chief Justice Durrant, Associate Chief Justice Pearce, Judge Mortensen, and Judge Tenney joined.

AMENDED OPINION*

INTRODUCTION

¶1 In this appeal, we must determine whether a homeowners association has the authority to assess property within its boundaries, despite alleged defects in the association's founding documents. The Hi-Country Estates...

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