Rapoport v. Four Lakes Village Homeowners Ass'n

Memorandum Decision

ROTH, Judge:

T1 Plaintiffs Richard N. Rapoport and Jean A. Rapoport appeal from the district court's decision to uphold Defendant Four Lakes Village Homeowners Association, Inc.'s (the HOA) denial of the Rapoports' request to install and use certain lighting fixtures in common areas of the condominium complex where the Rapoports own a condominium unit. We affirm in part and reverse and remand in part.

I. The District Court Improperly Decided Issues Not Raised by the Pleadings and Not Tried by the Parties' Consent.

12 The Rapoports first argue that, in deciding their claim for…