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Home / Courts / Real Property – Restrictive Covenants – Amendment – Pre-Amendment Violations – Tort/Negligence – Breach of Fiduciary Duty Claim (access required)

Real Property – Restrictive Covenants – Amendment – Pre-Amendment Violations – Tort/Negligence – Breach of Fiduciary Duty Claim (access required)

Taddei v. Village Creek Property Owners Association, Inc. Even though one paragraph of the subdivision’s restrictive covenants only allows the declarant, or its successors or assigns, to amend the covenants in order to bring them into compliance with town ordinances, another paragraph of the covenants allows a majority of property owners to amend the covenants before they are renewed every 10 years. The defendant-homeowners’ association followed the latter paragraph’s requirements to amend the covenants.

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