Property Keyed to Rabin
Evergreen Highlands Assoc. v. West
Evergreen Highlands Association (Defendant) is a homeowners association, which holds title and maintains a park area in the subdivision. There were protective covenants concerning the park, however, Defendant’s members did not have to pay fees or dues to Defendant. The covenants contained a modification clause that allowed the covenant to be waived, changed, or modified if approved by seventy-five percent of the owners. In 1995, the covenant was properly amended to require all owners to be members of and to pay annual dues of $50 to Defendant, and to permit Defendant to place liens on those properties failed to pays. Robert West (Plaintiff) purchased his lot before the amendment and refused to pay dues. Defendant threatened to record a lien of Plaintiff’s property.
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