(Download) "April Sound Management Corp." by In The Court Of Appeals For The Seventh District Of Texas At Amarillo Panel A " Book PDF Kindle ePub Free
eBook details
- Title: April Sound Management Corp.
- Author : In The Court Of Appeals For The Seventh District Of Texas At Amarillo Panel A
- Release Date : January 23, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
April Sound Management Corp. appeals from a judgment rendered on a traditional motion for summary judgment declaring that Concerned Property Owners for April Sound, Inc. (CPO, Inc.), as developer, may, pursuant to the deed restrictions applicable to the April Sound Subdivision at any time and from time to time, adjust, alter, waive, discontinue, or abandon all or any part of the maintenance charge, including without limitation, the recreational charge and the possible "additional" charge as set forth in the deed restrictions applicable to the various sections within the April Sound Subdivision. The judgment further declares that should CPO, Inc., as developer, discontinue or abandon the recreational charge, then there can be no basis for any "additional" charges to be added to the recreational charge. By its issues, Management Corp. questions whether (1) the FDIC possessed any right of the original developer at the time the FDIC purportedly transferred developers rights to CPO, Inc.; (2) CPO, Inc. has any right, as a matter of law, to possess or exercise rights reserved to the original developer as set forth within the deed restrictions, and, if so; (3) it has the right, in its sole discretion, to adjust, alter, waive, discontinue, or abandon all or any part of the maintenance charge set forth within the deed restrictions when it has never held nor owned any property or interest in the subdivision; (4) the trial court erred in refusing to abate the lawsuit until the lot owners in the subdivision and the April Sound Property Owners Association were properly joined in the lawsuit; (5) the trial court erred by granting declaratory relief when all persons who have or claim any interest that would be affected by the declaration were not made parties to the lawsuit as required by section 37.006 of the Texas Civil Practice and Remedies Code; (6) the trial court erred by denying Management Corp.s claims for declaratory relief; (7) the trial court erred by eliminating Management Corp.s rights held by virtue of the deed restrictions; (8) CPO, Inc. established as a matter of law that there were no genuine issues of material fact precluding summary judgment on its declaratory relief claims; (9) CPO, Inc. established as a matter of law that there were no genuine issues of material fact that Management Corp. was not entitled to recover on its claims for declaratory relief; and (10) the trial court erred in denying Management Corp.s motion for new trial. Based upon our analysis of issues four and five, we reverse and render in part, and reverse and remand in part.
 "April Sound Management Corp." by In The Court Of Appeals For The Seventh District Of Texas At Amarillo Panel A " Book PDF Kindle ePub Free){kind=link}