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Property Keyed to French
Evergreen Highlands Assoc. v. West
Facts
There are 63 lots of land and a park in Evergreen Highlands Association (Defendant). The park itself contained a large array of activities including hiking, equestrian trails, fishing, and places to play sports. The park was protected by protective covenants however the members of the association were never responsible for paying any membership fees or dues. There is a provision in the covenant that allows for modification of the covenant so long as a majority of 75 percent of homeowners approve the modification. Eventually, the association successfully attempted to modify the covenant by asking members to pay a $50 annual due and failure to do so would result in a lien on the respective homeowner’s property. One member of the association West (Plaintiff) refused to pay the dues and a lien was placed on his property. Ultimately, Plaintiff filed suit arguing against the amendment to the protective covenant. The trial court allowed the amendment but on appeal it was reversed citing the specific language of “change or modify” within the covenant. Defendant appeals.
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