Pend Oreille View Estates Homeowners' Association v. T.T. LLC
Annotate this CaseThis lawsuit involved a subdivision named Pend Oreille View Estates, which was developed in two phases. Pend Oreille View Estates Owner’s Association, Inc. ("Association") desired to pave the roads that went from the public road, across Phase I, to Phase II because of the dust created by vehicles on the roads and the cost of maintaining unpaved roads. The matter was put to a vote to the members of the Association, and the decision was made to pave the roads. After an amendment to the Association bylaws, it sent notices of assessments to all of its members who owned property in Phases I and II. T.T., LLC, Nadia Beiser, David M. Richards, Mary Beth Giacomo, and Matthew A. Farner (collectively “the Defendants”) all owned real property in Phase II. The Association sent them bills for their respective assessments. When they did not pay the assessments, the Association recorded liens against their properties, and later filed suit to foreclose on those liens. Defendants appealed, arguing the Association was without authority to pave the roads and bill them through the assessments (leading to liens on their properites). Finding no error in the district court's judgment in favor of the Association, the Supreme Court affirmed.
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