Windemere Homeowners Association v. Mccue

990 P.2d 769 (1999)

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Windemere Homeowners Association v. Mccue

Montana Supreme Court
990 P.2d 769 (1999)

Facts

The terms of a 1984 Declaration of Restrictive Covenants binding 15 lots stated that the covenants, conditions, restrictions, and conditions “created and established” therein may be waived, terminated, modified, or changed upon written consent from the owners of at least 65 percent of the lot owners. A 1997 Amendment to the Declaration, approved by 74 percent of the lot owners, attempted to modify the covenants contained within the original Declaration by creating the Windemere Homeowners Association (the association) (plaintiff). According to the amendment, the association was tasked with all maintenance and repair activities on the premises, and was permitted to assess all lot owners for the cost of paving Windemere Drive. After the association was unsuccessful at collecting payment from some lot owners for the paving, the association brought suit against the lot owners, including Mccue and others (defendants), who had not voted in favor of creating the association and refused to pay. The court found in favor of the association, permitting collection of payment. Mccue appealed, contending that the language of the original declaration allowed only the amendment of already existing covenants, and not the creation of new ones as attempted by the 1997 amendment.

Rule of Law

Issue

Holding and Reasoning (Regnier, J.)

Dissent (Nelson, J.)

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