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Parker v. Clary Lakes Recreation Ass'n Inc.

Evidence that homeowners' association would suffer greater harm if it could not increase assessments than plaintiff would suffer if assessments were increased supported denial of his request to enjoin that increase.

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Philip Parker is a member of Clary Lakes Recreation Association, Inc. Clary Lakes. Parker first brought suit against Clary Lakes in 1997. On January 22, 1999, while Parker’s suit was pending, Clary Lakes gave its members notice that its annual meeting would be held on February 21, as well as notice of proposed budgets and assessments. At the meeting, a quorum of the members passed amended versions of those proposals. However, Parker made no payments to Clary Lakes and, on June 16, he filed an amended complaint seeking a preliminary injunction, alleging that the amended budgets and assessments were illegal under the bylaws and restrictive covenants. Parker requested the trial court to enjoin Clary Lakes from collecting or retaining the amended assessments and from failing to abide by the last validly passed budgets and assessments. At the hearing, the trial court expressed its intention to deny a preliminary injunction because Parker “is in bad standing. He hasn’t paid any money, and he has no harm from this. I find that to be a compelling argument, and I’m not going to . . . force them back to a ’95 position. That’s not valid based on what I’ve heard.” The trial court subsequently entered its written order denying an interlocutory injunction. Parker appeals from this order.

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