Alpine Haven Property Owners Association, Inc. v. Deptula

830 A.2d 78 (2003)

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Alpine Haven Property Owners Association, Inc. v. Deptula

Vermont Supreme Court
830 A.2d 78 (2003)

SH

Facts

Edward Deptula (defendant) was a homeowner in the Alpine Haven development. Pursuant to deed covenants, the owner of the development provided homeowners with certain services in exchange for an annual fee. The fees for these deeded services increased over time, leading to numerous lawsuits between the owner and certain homeowners over the reasonableness of the fees. Deptula brought one such lawsuit, arguing that the owner had breached the deed covenants and that the fees assessed against him had been excessive. The court, in its 1992 decision, held that the annual fee charged to all homeowners in the development was reasonable and that Deptula was obligated to contribute his pro rata share. The dispute did not end there, however, because the owner had to bring six subsequent actions in small-claims court in order to collect. Later, a group of homeowners formed the Alpine Haven Property Owners Association, Inc. (defendant) and assumed ownership of the development. The association sued to collect fees owed for three annual assessment periods (November 1, 1996, through October 31, 1999), initiating suit against Deptula. Deptula asserted the defense of accord and satisfaction with respect to the assessment bill for 1996–97, arguing that he sent a check to the association treasurer (for an amount less than what was owed) accompanied by a letter stating that he refused to honor the billed amount, which check the association had deposited. The trial court dismissed Deptula’s accord-and-satisfaction defense. Deptula appealed.

Rule of Law

Issue

Holding and Reasoning ()

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