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Despite the effort homeowners’ associations put into specifying what can and cannot be done on common areas or limited common areas, disputes about whether particular actions by homeowners are in conformity with the rules governing the residents or the homeowners are common. The courts, as in this case, pay close attention to the provisions in the agreement signed by the homeowner at the time of purchase.

1. What reasons does the court use in this case to find that the district court partially erred in its finding of summary judgment for the plaintiff? Clue: Look at the portion of the decision where the court discussed the contents of paragraph 12(g).

2. Could Stevens have avoided trouble by placing his hot tub outside the sight of the other homeowners? Clue: What is the content of 12(a) and (b) that Stevens violated?


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