Timberlake Homeowners Association, Inc. v. Timberlake Development, LLC
Syllabus
This is an appeal from the trial court's order dismissing, for failure to state a claim upon which relief could be granted, an action for declaratory judgment filed by the petitioner homeowners' association against the respondent developer. The developer had formed the homeowners' association to oversee the development of Timberlake Subdivision in Knox County and had executed a declaration of covenants and restrictions that provided, inter alia, that the developer retained the exclusive right to appoint a three-member review board to oversee construction of the subdivision until such time as the developer assigned its rights to the homeowners' association. The declaration also included a waiver provision that enabled the developer to unilaterally amend and waive any portion of the declaration at any time. In October 2020, the developer and homeowners' association executed and recorded a document assigning to the homeowners' association the developer's rights to appoint members to the review board, expressly excluding from the assignment any lots still owned by the developer or its affiliate company. The developer then executed a waiver document waiving its obligation to submit its remaining lots to board review. The homeowners' association filed a complaint for declaratory judgment, seeking a declaration from the trial court that (1) the developer had assigned to the homeowners' association all rights to appoint members of the oversight board 2) there existed only one oversight board, which was now controlled by the homeowners' association and (3) the waiver document was null and void. Upon a motion to dismiss filed pursuant to Tennessee Rule of Civil Procedure 12.02(6) by the developer, the trial court dismissed the declaratory judgment action for failure to state a claim upon which relief could be granted, finding that the declaration, the assignment, and the waiver documents were unambiguous as a matter of law and that they granted the developer the power to reta
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that right to challenge a juror is waived by failing to object at time jury is empaneled if basis for objection was known or could have been discovered during voir dire
- noting trial counsel’s conduct was consistent with the strategy of showing the defendant lacked the mens rea to commit premeditated murder and not ineffective
- no persuasive evidence dictionary definition prejudiced jury, citing Mayhue
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