Wilson v. Playa de Serrano

Pima · AZ · Arizona Court of Appeals, Division Two

Member win · other

What happened

Playa de Serrano’s declaration described an adult townhouse development but did not enact a 55-and-older occupancy rule. In 2002 owners amended bylaws 25–6, posted 55+ signage, and sought to restrict occupancy accordingly. William Wilson sued for declaratory relief that the bylaw amendment could not impose a 55+ occupancy requirement on his townhouse. The trial court granted summary judgment to the association. On November 30, 2005, the Court of Appeals reversed and remanded for judgment for Wilson, including attorney fees.

What the court (or agency) held

Wilson won. A bylaw amendment alone was insufficient to impose a 55-and-older occupancy restriction where the declaration did not grant that contractual right. Judgment for the association reversed; remand with directions to enter judgment for Wilson and award reasonable attorney fees (including on appeal upon compliance with ARCAP 21).

Why this matters for members

‘Adult’ marketing language in a declaration is not a self-executing 55+ rule. Occupancy age limits generally must be authorized in the declaration (or properly amended declaration), not smuggled in through bylaws and signs. Owners can seek declaratory relief—and fees—when associations overreach.

What the member did

Sued for declaratory and injunctive relief and moved for summary judgment that occupancy limits must appear in the recorded declaration, not bylaws.

Questions for the board

Questions for a lawyer

Citation

Wilson v. Playa de Serrano, 211 Ariz. 511, 123 P.3d 1148 (App. 2005); No. 2 CA-CV 2005-0072 (2005-11-30). Arizona Court of Appeals, Division Two. Outcome chip: fees/assessments hub / secondary. Flags: remand. Source: https://hallapproved.com/az/cases/appeals/2005/2634754/

_General information, not legal advice. Outcomes turn on facts and current law._

Source opinion

General information, not legal advice. Outcomes turn on facts and current law.

Not a law firm. Not legal advice. Confirm this against your documents and your state’s law.