Little Whale Cove Homeowners Ass'n v. Harmon

Plaintiff, a homeowners association, fined defendants, two of its members, for applying to the city for a variance. Plaintiff placed a hen on defendants’ property in the amount of the fine and then brought this action to foreclose the hen. On cross-motions for summary judgment, the trial court ruled that the applicable covenants did not prevent defendants from asking the city for a variance. It also ruled that defendants could not recover their attorney fees. The court entered judgment accordingly. Plaintiff appeals from the court’s judgment on the merits. Defendants cross-appeal from the…