La Ventana Ranch Owners' Association Inc. v. Davis

La Ventana Ranch Owners' Association appeals from the trial court's final judgment in this dispute arising from variances granted to certain homeowners within the La Ventana community, allowing for the installation of private water wells and propane tanks. The variances were approved based on the vote of two members of the architectural committee, Sharon Davis and Manley Crider. The jury was free to evaluate the credibility of the witnesses and the weight to be given their testimony. The evidence is legally insufficient to uphold the finding that an informal fiduciary relationship arose between Davis and Crider and the La Ventana property owners. In light of the plain language of the Covenants, Conditions and Restrictions granting the association's architectural committee "sole and absolute discretion" to determine whether the necessary conditions for granting a variance have been met, the appellate court concludes that the arbitrary-and-capricious standard set forth in Texas Property Code §202.004(a) is inapplicable to this determination. The trial court's judgment is affirmed in part, reversed and rendered in part, and remanded for a redetermination of the appropriate amount of attorney's fees. Austin Court of Appeals, No. 03-09-00452-CV, 06-03-2011.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

OPINION

La Ventana Ranch Owners’ Association (“the ROA”) appeals from the trial court’s final judgment in this dispute arising from variances granted to certain homeowners within the La Ventana community, allowing for the installation of private water wells and propane tanks. The ROA contends that the trial court erred in declaring that certain water well variance documents were valid and enforceable. Homeowners William D. Davis, Hatton Revocable Trust, Jeffrey L. Burnett, John Czop, Judy Czop, Kenneth R. Hamburger, Maria L. Hamburger, Mark E. Lich, Steven Malone, Robert H. Hughes, Kay C. Hughes, Manley W. Crider, Anna M. Crider, Allen Butt, Cindy Butt, Sharon M. Davis, Michael R. Perdue, Phyllis M. Finnemore, Gregory Alec Gowins, Patrick C. Harkins, Sandra K. Harkins, and Jill R. Davis (collectively, “the Individual Homeowners”) cross-appeal, arguing that the trial court erred in determining that members of the community’s architectural committee violated a fiduciary duty to the members of the ROA by granting the variances. The Individual Homeowners further contend that the trial court erred in declaring the propane tank variance documents to be invalid. Interim La Ventana, LLC (“Interim-LV”) appeals from the portion of the trial court’s judgment awarding attorney’s fees. We affirm the trial court’s judgment in part, reverse and render in part, and remand for a redetermination of the appropriate amount of attorney’s fees to be awarded.

La Ventana Ranch Owners' Association Inc. v. Davis

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to Texas Lawyer