Pepperwood Homeowners Ass'n v. Mitchell, 2015 UT App 137

Pepperwood HOA sued Mitchell for amounts allegedly due under the Declaration and related assessments.
Mitchell denied that her property was subject to the Declaration or obligated to pay the assessments.
Pepperwood moved for summary judgment, attaching a ledger and an affidavit but did not attach the Declaration.
The district court granted summary judgment on the basis of Mitchell's failure to respond, and ordered Pepperwood to prepare the judgment including amounts and attorney fees.
On appeal, the central issue is whether Pepperwood met its burden to prove the basis of its claim, given no copy of the Declaration or evidence tying Mitchell to the Declaration.
The court reverses, vacates the attorney-fee award, and remands for further proceedings because Pepperwood failed to establish, as a matter of law, that Mitchell’s property was subject to the Declaration.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether summary judgment was proper given lack of evidence	Pepperwood must show Mitchell is bound by the Declaration and owes assessments.	Mitchell disputes the existence of the Declaration binding her property and the obligation to pay.	Summary judgment improper; district court erred in granting.

Basic Research, LLC v. Admiral Ins. Co., 297 P.3d 578 (Utah 2013) (summary judgment requires correct law application and no material factual disputes)
Orvis v. Johnson, 177 P.3d 600 (Utah 2008) (moving party must prove each element to obtain judgment as a matter of law)
Parrish v. Layton City Corp., 542 P.2d 1086 (Utah 1975) (defaulting party limitations in summary judgment analysis)
Advanced Forming Techs., LLC v. Permacast, LLC, 342 P.3d 808 (Utah App. 2015) (nonmoving party may rest on pleadings if movant fails to supportingly show entitlement)
Connor v. Union Pac. R.R. Co., 972 P.2d 414 (Utah 1998) (movant must show entitlement to judgment as a matter of law)