Mounteer Enters., Inc. v. Homeowners Ass'n for the Colony at White Pine Canyon

Associate Chief Justice Lee, opinion of the Court:

¶1 The Homeowners Association for the Colony at White Pine Canyon (HOA) hired Mounteer Enterprises, Inc. to provide snow removal services. The contract required Mounteer to maintain a certain amount of insurance coverage. And when the HOA discovered that Mounteer had failed to purchase the required insurance, the HOA terminated the contract.

¶2 Mounteer filed suit, asserting that the HOA had waived its right to terminate the contract on that ground. It reasoned that the HOA had effectively waived the insurance requirement by accepting…