Court Says Owner Was Liable for Payment of Assessments After the Association’s Declaration Expired

This case involved a dispute between a homeowners’ association (“Association”) and a homeowner (“Owner”) over Owner’s liability for Association assessments that Association sought to collect after the Declaration which provided for the assessments expired.

Association’s original Declaration that contained covenants which made lot owners responsible for the payment of assessments for the maintenance of Association’s common areas was created in 1972. By its terms, the covenants contained in the Declaration were to expire in 1992. In an earlier court decision, it was determined that Association’s covenants that were created in 1972 contained ambiguous language regarding the ability of Association to collect maintenance assessments after the 1992 expiration date so the court determined that the obligation to pay assessments contained in the Declaration did not extend beyond 1992. Notwithstanding the expiration of the Declaration, owners continued to pay assessments for maintenance of Association’s common areas after 1992.

In 2015, Association sent assessment notices to lot owners for the ongoing maintenance of Association’s common areas. Even though she continued to use the common areas, Owner stopped paying the assessments thereby triggering a lawsuit by Association seeking to recover the assessments that Owner refused to pay. The trial court granted summary judgment in favor of: