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Home / Courts / Real Property – Restrictive Covenants – Assessments Authority – Civil Practice – Collateral Estoppel – Prior Collection Action (access required)

Real Property – Restrictive Covenants – Assessments Authority – Civil Practice – Collateral Estoppel – Prior Collection Action (access required)

Snider v. Tull’s Bay Colony Property Owners Association, Inc. In a prior action by the defendant-property owners’ association to collect an assessment against the plaintiff-owners, the trial court ruled that the restrictive covenants in plaintiffs’ deed did not give the association authority to impose assessments. Although the association amended its bylaws to apply the Planned Community Act to the parties’ subdivision, the association is nevertheless collaterally estopped from imposing assessments. We reverse the trial court’s grant of summary judgment in favor of the association. Plaintiffs are entitled to judgment as a matter of law.

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