SR Knoxville attorney Federico Flores obtained a defense verdict for a Homeowners’ Association in a multi-day trial conducted in the Circuit Court of Knox County, Tennessee.
In a matter of first impression for this Court the plaintiff, a property owner in the subdivision, sought to build a house that the HOA architectural review board opposed. While many HOA disputes involve improvements to an existing home, few Tennessee cases opine on the issue of an HOA objecting to the first developed use of an owner’s property. Among other things, the Court was tasked with deciding the extent and breadth of discretion that the HOA’s architectural review board possessed. In obtaining a defense verdict for the client, Flores successfully demonstrated to the Court that the HOA exercised its discretion in good faith and in a reasonable manner; resulting in the Court ruling that the HOA did not abuse its discretion in the initial conclusion that the proposed structure was indeed not in conjunction with the harmony of the community.
The Court’s verdict not only will help the local HOA defend itself against future attacks on its covenants and restrictions, but can give other HOA’s across the State guidance on how to exercise their discretion.
Spicer Rudstrom, PLLC has attorneys across the region to assist you with land use disputes.