CIVIS BANK v. THE WILLOWS AT TWIN COVE MARINA CONDOMINIUM AND HOME OWNERS ASSOCIATION, INC. - Articles

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Posted by: Stacey Shrader Joslin on Dec 28, 2016

Court: TN Court of Appeals

Attorneys 1:

Wilson S. Ritchie and Rachel King Powell, Knoxville, Tennessee, for appellant, Civis Bank.

Attorneys 2:

Walter N. Winchester and Joshua R. Holden, Knoxville, Tennessee, for appellee, The Wilows at Twin Cove Marina Condominium and Home Owners Association, Inc.

Judge(s): SUSANO

This case involves a residential development on Norris Lake in Campbell County called The Willows at Twin Cove Marina. The Declaration of Covenants, Conditions and Restrictions for the development grants certain rights to the individual/entity described in the document as the “Declarant.” As pertinent to this case, those rights include an exemption from payment of maintenance assessments to the homeowner's association under certain circumstances. The original owner of the development defaulted on construction loans, resulting in a foreclosure sale of certain portions of the development property and the personal property of the original owner. Civis Bank, the successor owner of the property sold at foreclosure, brought this action asking the trial court to declare it to be the “Declarant,” and thereby exempted from assessments levied by the defendant homeowner's association. Both sides moved for summary judgment. The trial court held that Civis did not meet the applicable definition of “Declarant” in the Declaration. We agree. Accordingly, we affirm the court's grant of summary judgment to the homeowners' association.

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