EPERNAY COMMUNITY ASS'N, INC. v. Shaar

OPINION

KEM THOMPSON FROST, Justice.

The homeowners’ association for a neighboring subdivision sought to collect fees from two homeowners in a different subdivision relating to the maintenance of certain recreational areas. Following a bench trial the trial court granted declaratory relief in favor of the homeowners. On appeal, the homeowners’ association as serts that the trial court erred in making these declarations and in denying its plea in abatement. We conclude the trial court erred in making one declaration, but did not err in making the other declarations or in denying the plea in…