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Date: 09-12-2024
Case Style:
Jacques Behar v. Brad Johnson, et al.
Case Number: 210902938
Judge: Joseph M. Bean
Court: Second District Court, Ogden Department, Utah
Plaintiff's Attorney:
Defendant's Attorney:
Description:
Ogden, Utah condominium law lawyers represented the parties.
In 2020, Jacques Behar was elected to be one of five members of the board of trustees (Board) of the Green Hill Estates Homeowners Association (HOA). But in 2021, his fellow Board members, without consulting the rank-and-file HOA members, voted him off the Board. Behar took issue with his removal and filed this lawsuit, asserting that he had been wrongfully removed from the Board because, in his view, only HOA members (and not the Board) have the right to elect or remove Board members. In addition, Behar claimed that the other Board members had been improperly elected. As remedies, he sought his own reinstatement as well as a judicial order limiting the other Board members to mere day-to-day HOA governance until a new election could be held. The district court entered a preliminary
injunction order in which it interpreted the HOA's governing documents in Behar's favor, and in which it reinstated Behar to the Board and ordered that an election be held for the other members. Later, the court entered summary judgment on the merits in favor of Behar, and in addition ordered the Board to pay some of Behar's attorney fees.
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Outcome:
¶35 Two of the issues Appellants raise on appeal have been rendered moot by subsequent events. Specifically, we dismiss as moot Appellants' challenges to the district court's rulings regarding the interpretation of the HOA's governing documents and the composition of the HOA's Board.
¶36 Appellants' challenge to the court's attorney fees award is not moot, but fails on the merits, because the court did not abuse its discretion in determining that the HOA had realized a substantial benefit as a result of Behar's lawsuit. We therefore affirm the district court's attorney fees award, and we remand the case for the limited purpose of quantifying the reasonable attorney fees and costs Behar incurred on appeal.
Behar v. Johnson, 2024 UT App 129, 20230455-CA (Utah App. Sep 12, 2024)
Plaintiff's Experts:
Defendant's Experts:
Comments: