Raintree Homeowners Ass'n, Inc. v. Bleimann

FRYE, Justice.

Plaintiff, Raintree Homeowners Association, Inc. (Raintree), makes four arguments on this appeal. In its first argument, plaintiff contends that the trial court erred in denying its motion for directed verdict and motion for judgment notwithstanding the verdict. We agree and hold that defendants’ evidence was insufficient as a matter of law to take the case to the jury.

The following facts were undisputed at trial:

Defendants Karl R. Bleimann and Rena Bleimann own a home within North Raintree, a section of a planned unit development known as Raintree. The property is subject to…