Mac McShane and Cynthia Calvin, Petitioners v. Stirling Ranch Property Owners Association, Inc., Respondent

Summary

The court held that the exculpatory provisions in the governing declaration and design guidelines did not protect the property owners association because they did not name the association and could not be extended from its boards and agents to the association itself. The court also declined to alter the rule that releasing an agent does not automatically release the principal. It therefore reversed and remanded for further proceedings. Justice Eid, joined by Justice Márquez, dissented, reasoning that the owners’ claims were entirely derivative of the released conduct of the design review board.