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GARDEN LAKES COMMUNITY ASSOCIATION, INC. v. MADIGAN

No. 1 CA-CV 00-0570.

62 P.3d 983 (2003)

204 Ariz. 238

GARDEN LAKES COMMUNITY ASSOCIATION, INC., an Arizona non-profit corporation, Plaintiff-Appellant, v. William E. MADIGAN and Joan M. Madigan, husband and wife; Henry T. Speak and Lavonne M. Speak, husband and wife, Defendants-Appellees.

Court of Appeals of Arizona, Division 1, Department B.

February 18, 2003.

Attorney(s) appearing for the Case

Thomas & Elardo, P.C. By Neal B. Thomas and Mulcahy Law Firm, P.C. By Beth Mulcahy, Phoenix, Attorneys for Appellant.

Law Office of Hyung S. Choi By Hyung S. Choi and Law Offices of Gerald Pollock, By Gerald Pollock, Phoenix, Attorneys for Appellees.

Ekmark & Ekmark, L.L.C. By Curtis S. Ekmark, Scottsdale, Attorneys for Amicus Curiae Sun City Grand Community Association, Inc.

OPINION

GEMMILL, Judge.

¶ 1 Homeowners in the Garden Lakes subdivision in Avondale, Arizona are members of the homeowners association known as the Garden Lakes Community Association, Inc. ("Association"). The Association issued architectural restrictions governing the construction and appearance of solar energy devices on homes within the subdivision. The appellee homeowners claimed that the restrictions were unenforceable under Arizona Revised Statutes...

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