Jackson Walker Scores Second Appellate Win for Homeowners Association

October 25, 2017 | Client Results

Jackson Walker secured a second appellate victory in favor of its nonprofit client, The Landing Community Improvement Association. On September 7, 2017, the First Court of Appeals issued a 61-page opinion reversing the unfavorable judgment against the Association and rendering a take nothing judgment. The reversal was the second appellate win secured by the team on behalf of the Association in a contentious dispute with a homeowner. As a result of the two wins, the Association’s community guidelines were upheld.

The dispute arose from the homeowner’s chronic failure to adhere to community standards and refusal to pay mandatory assessments in compliance with applicable deed restrictions. The Association filed suit after providing several opportunities for the homeowner to comply. The homeowner subsequently filed numerous counterclaims against the Association and its board of directors, the development’s management company, and a representative of the management company.

The First Court of Appeals issued the first appellate decision on June 1, 2017, affirming summary  judgment in favor of the Association’s board of directors. In both cases, the Association and the board of directors were represented by Jackson Walker attorneys Christopher Mugica, Courtney T. Carlson, and Scott Weatherford as well as Michael Treece, the Association’s primary counsel. Michael recently congratulated Jackson Walker on “an excellent job” with the appeals.

The client was pleased with the results and mentioned it was the “diligence and perseverance” of the attorneys that won the case. The client commented the news was especially welcomed following Hurricane Harvey and served as justification for the clients’ efforts in upholding the Association’s rules. The client further thanked the team for being “incredible” attorneys and for “help[ing] every resident of this subdivision to uph[o]ld the rules that protect our property values.”

To learn more, visit Jackson Walker’s Appellate practice.

Meet Our Team

Christopher Mugica handles a wide variety of complex commercial matters for clients, including class action litigation, fraud and fiduciary litigation.  He also has extensive experience in real estate litigation representing developers, lenders, and property owners associations.

Courtney T. Carlson is a partner in the litigation and environmental sections at Jackson Walker. Courtney represents clients in a variety of business and commercial litigation matters, including companies in the energy and financial industries. Courtney has co-authored and presented numerous CLE articles on Texas procedural updates and related issues.

Scott Weatherford is an associate in the litigation section. Scott has a broad litigation practice ranging from securities litigation to third-party insurance defense to healthcare litigation. Scott also has extensive experience in employment litigation involving discrimination, harassment and retaliation lawsuits, claims for unemployment, contract disputes, wage and hour violations, OSHA violations, restrictive covenants, and ERISA claims for benefits.