Kuchler v. Mark II Homeowners Ass'n, Inc.

ROBERTSON, Presiding Judge.

Homeowners residing in the Mark II Subdivision in Johnson County, Indiana, brought a declaratory judgment action against the Mark II homeowners association, a not-for-profit corporation, questioning the powers of the corporation under a recorded Declaration of Covenants and Restrictions and questioning specific procedures of the corporation. The case was tried without benefit of jury and the trial court entered brief findings. Both parties appeal the trial court’s decision.

The facts of the case, briefly stated, are that Mark II Subdivision consists of approximately…