Riss v. Angel

Members of the Mercia Heights homeowners’ association rejected Plaintiffs’ building plans under a consent to construction clause in the subdivision’s restrictive covenants. The trial court held that the association’s rejection of the plans was unreasonable and arbitrary. The trial court further held the members jointly and severally liable for delay damages and attorney fees. The Court of Appeals affirmed and the homeowners sought review. We likewise affirm, but remand for determination of which individual association members shall be jointly and severally liable.

In 1992, Plaintiffs William…