HBA, representing the sponsor/developer of a 1,100 unit golf course senior community, won summary judgment declaring that the sponsor was entitled under the by-laws of the homeowners association to continue to control the HOA board of directors until all homes in the community were sold. The court ruled that the sponsor’s pursuit of litigation of zoning disputes regarding 100 partially constructed homes was in good faith and, therefore, the sponsor had the right to continue its control for so long as the litigation remained pending. The court rejected arguments advanced by community residents that the unfinished structures were not “homes” and that the potential duration of the litigation would allow the sponsor to control the HOA for an unreasonable about of time.
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