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 bar the Owners’ claims against the Property Owners Association because those provisions did not expressly name or release the Association. The court further held that the Association remained legally distinct from its boards and that releasing the boards did not automatically release the Association. The court reversed and remanded for further proceedings. Justice Eid, joined by Justice Márquez, dissented and would have held that the Owners’ imputation-based claims were extinguished because the Design Review Board’s acts were released.