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Oral Arguments of the Supreme Court of Virginia


Jun 30, 2019

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Granted Appeal Summary

 

Case

 

SANJAY SAINANI, ET AL. v. BELMONT GLEN HOMWOWNERS ASSOCIATION, INC. (Record Number 181037) 

 

From 

 

Circuit Court of Loudoun County; J. Irby, Judge.

 

Counsel

 

William A. Marr, Jr., Tiago D. Bezerra (Law Office William A. Marr, Jr.) for appellant.

 

Marla J. Diaz (Whiteford, Taylor & Preston, LLP) for appellee.

 

Assignments of Error

 

I. In awarding judgment and an injunction against the Homeowners, the trial court erred by finding that the August 2014 Declaration was effective and enforceable against the Homeowners.

 

II. In awarding judgment and an injunction against the Homeowners, the trial court erred by finding that the Seasonal Guidelines were reasonable and enforceable. 

 

III. The trial court erred in granting the Merged Association’s motion to strike the Homeowners’ counterclaims because the Homeowners presented sufficient evidence to sustain their causes of action.

 

IV. Assuming the trial court was correct in entering judgment against the Homeowners, the trial court erred in awarding the Merged Association $39,148.25 in costs and attorneys’ fees because most of those expenses were not paid for by the Merged Association.

 

Source Document: http://www.courts.state.va.us/courts/scv/appeals/181037.pdf