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Property Keyed to Chase
Armstrong v. Ledges Homeowners Association, Inc.
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*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Vogel recorded a Declaration restricting his lots to single-family residential use, putting architectural controls in place, and providing for the establishment of a homeowners’ association. The Declaration did not contain any provision for the collection of dues or assessments. Vogel later included language in subsequent sale documents allowing the homeowners’ association to assess pro rata charges for the utility bill. Later, the board of directors of the Ledges Homeowners’ Association (Association) (defendant) adopted by-laws to allow the Association to collect assessments for common expenses and to put a lien on the lot of any owner who failed to pay an assessment.the Association billed the property owners $80-$100 per year for a range of expenses. In July 2003, the board amended the by-laws again, greatly expanding the Association’s powers and duties. In August 2003, the Armstrongs and the Moores (plaintiffs), both Ledges homeowners, asked to terminate their Association membership. In October 2003, the plaintiffs sued the Association and several homeowners (defendants) seeking a declaration that the amended by-laws were unenforceable. In November 2003, a majority of Association members adopted an Amended Declaration, which differed significantly from the original Declaration and authorized the assessment of fees for additional common expenses. The plaintiffs amended their complaint to claim the Amended Declaration was invalid and unenforceable. The trial court and the appellate court both found the Amended Declaration was valid and enforceable. The plaintiffs appealed.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.