Robert A. McAdams, Quinn Whitney and Vonda Whitney v. Foxcliff Estates Community Association, Inc. Foxcliff Estates Community Association, Inc. v. Paul Harnishveger, Mary Harnishveger

Crone, Judge.

Case Summary

[1] Robert A. McAdams, Quinn Whitney, and Vonda Whitney ("the Owners") appeal the trial court's entry of summary judgment in favor of their subdivision's homeowners association, Foxcliff Estates Community Association, Inc. ("the HOA"). The Owners sued the HOA for damages based on the HOA's failure to properly repair and maintain certain drainage ditches in the subdivision as allegedly required by the neighborhood covenants and restrictions. The HOA subsequently moved for summary judgment arguing that the Owners' claim for damages is precluded by an exculpatory clause…