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Court hears HOA appeal over interpretation of governing documents, mootness and attorney‑fees dispute
Summary
In Bahar v. Johnson the Court of Appeals questioned whether the trial court’s TRO and subsequent ruling interpreting HOA bylaws produced an ongoing governance effect that saves the appeal from mootness; counsel also disputed whether settlement payment of attorney fees waived appellate review.
The Utah Court of Appeals (Judge Oliver presiding with Judges Harris and Tenney) heard oral argument in Bahar v. Johnson, a dispute over interpretation of homeowners association governing documents, whether the appeal is moot after subsequent elections, and whether a settlement payment resolved the attorney‑fees issue and waived appellate review.
Appellant counsel (identified in the transcript as Zing Fuer) said the trial court’s interpretation of the HOA’s bylaws and articles—including procedures for removal of trustees and requirements for formal votes—created a prospective rule that will continue to affect how the association operates. "The judge interpreted our bylaws and our articles together to create…
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