Andres v. Indian Creek Phase III-B Homeowner's Ass'n

George and Anna Andres (the Andreses) appeal from a Final Judgment granting foreclosure of their home upon suit by Indian Creek Phase III-B Homeowner’s Association, Inc. (Indian Creek). We reverse.

The Andreses were found to have violated Indian Creek’s covenants by erecting a flag pole on their property to fly the American flag. Indian Creek sued the Andreses and prevailed, forcing them to remove the flag pole. Indian Creek now seeks to foreclose upon the Andreses’ home to pay for the attorneys’ fees Indian Creek incurred as a result of its lawsuit. The Andreses assert this basis for…