In re Carolyn Frost Keenan

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Homeowners’ association River Oaks Property Owners, Inc. (ROPO) sued homeowner Carolyn Keenan seeking an injunction requiring Keenan to remove improvements that allegedly violated a limit on impervious cover. The limit was found in 2006 “Amended Restrictions” that purported to amend the neighborhood’s deed restrictions. Keenan counterclaimed, asserting that the Amendment Restrictions were unenforceable because an insufficient number of homeowners had voted for them. Keenan moved to compel production of the homeowner ballots on the Amended Restrictions after ROPO asserted that the ballots were confidential and privileged voting records. The trial court refused to order production of the ballots but stated that Keenan’s counsel could review the ballots without disclosing the contents "to anyone else." Keenan sought mandamus relief. The court of appeals denied relief. The Supreme Court disagreed and conditionally granted relief, holding that Keenan was entitled to copy the ballots and disclose them for purposes of discovery, expert analysis, trial preparation, and trial. View "In re Carolyn Frost Keenan" on Justia Law