The Association's January 1995 newsletter informed the homeowners that the voting period had been extended, and encouraged everybody to mail in a ballot. Plaintiffs filed their complaint on January 21, 1997. The Trustees filed a motion for summary judgment on November 26, 1997. Following entry of summary judgment for the Trustees, Plaintiffs obtained the ballots cast by the homeowners and also procured affidavits from other Highland Estates homeowners stating that they did not receive notice of the balloting. See Utah R. Civ.
Plaintiffs now appeal both the summary judgment and the denial of their motion to reconsider.
In addition to the statute under which a corporation is formed, a corporation's articles of incorporation and by-laws constitute a contract between the corporation and its members. Interpretation of contracts is likewise a question of law we review for correctness. Co. v. Able Constr. However, by incorporating into a homeowners association, the homeowners bound themselves to the requirements of Utah's Nonprofit Corporations statute. Utah Code Ann.