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Commercial Law Keyed to Zierdt, 1st Ed.
Alpine Haven Property Owners Association, Inc. v. Deptula
Citation:
830 A.2d 78 (2003)Facts
The Alpine Haven development was founded in the 1960s, with deed covenants requiring homeowners to pay a “reasonable annual fee” for services including garbage removal, street lighting, and road maintenance. After fee increases in the late 1970s led to multiple lawsuits, a 1992 court decision established that a $1,050 annual fee for Deptula was reasonable for street lighting and road maintenance. In 1996, a majority of homeowners formed the Alpine Haven Property Owners Association and purchased the development’s common lands and facilities from the developer. Some homeowners, including defendants, opted out of Association membership. Nonmembers were provided only deeded services and billed based on the fee established in prior court judgments plus inflation adjustments, while members received additional recreational services. When defendants refused to pay the assessed fees from 1996-1999, the Association sued to collect. Defendants challenged the reasonableness of the fees and attempted to pay lesser amounts, claiming accord and satisfaction.
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