LeVanger v. HIGHLAND ESTATES PROPERTIES OWNERS ASSOCIATION

¶ 28 I write separately a different analysis and disposition than my colleagues.

BACKGROUND

¶ 29 Jean and Rebecca LeVanger are homeowners. They were twenty-year members of the Highland Estates Property Owners Association (the Association), a Utah nonprofit corporation, when they filed this suit. In 1993 and 1994 the Highland Estates Board of Trustees (the Board) concluded that in order to improve the Association’s productivity and efficiency, the Association’s originally recorded restrictive covenants (hereinafter CC & Rs) should be amended. Soon after, an amended version of the CC & Rs was…