Farran v. Olde Belhaven Towne Owners' Ass'n

By Judge Lorraine Nordlund

This matter came before the Court on the Defendant’s Demurrer to the Plaintiffs’ Complaint. The Court heard argument on Friday, July 8, 2011, and took the matter under advisement. For the following reasons, the Court overrules the demurrer on all grounds.

Facts

Plaintiffs Samir and Maria Farran are homeowners in the Olde Belhaven Towne community and have brought suit against the Olde Belhaven Towne Owners Association (“HOA”). They assert that the HOA has a history of engaging in ultra vires and unauthorized activities in violation of its Declaration of Covenants…