Quimbee logo
DMCA.com Protection Status
  • W
  • Windemere Homeowners Association v. MccueWindemere Homeowners Association v. Mccue
From our private database of 16,800+ case briefs...

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.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 449,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 449,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,800 briefs, keyed to 224 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers


Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial