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Seaview Ass’n of Fire Island, N.Y., Inc. v. Williams

Court of Appeals of New York
510 N.E.2d 793 (1987)


Seaview Association of Fire Island, N.Y., Inc. (Seaview) (plaintiff) is a homeowners association. Seaview maintains the facilities and grounds for the community of Seaview, consisting of 330 homes. Each homeowner in the community is assessed a certain amount of Seaview’s costs. Williams (defendant) purchased a home in the Seaview community with full knowledge of the typical assessments charged to property owners by Seaview. Williams refused to pay the required assessments on the ground that he did not use any of the facilities or services funded by the assessments. Seaview brought suit against Williams in New York state court to recover past due assessments for the years 1976 through 1984. The trial court found there was an implied contract to pay the assessments arising out of Williams’ purchase of property in the Seaview community with knowledge of the nature of the community and the conditions imposed upon ownership there. The appellate court affirmed, and Williams appealed.

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