CASE SYNOPSIS

Defendant property owners sought review of the judgment from the Appellate Division of the Supreme Court in the First Judicial Department (New York), which affirmed the judgment of the trial court in finding in favor of plaintiff homeowners association in their action to recover assessments for the years 1976 through 1984. Other defendant property owners were not parties to the appeal.

CASE FACTS

The property owners purchased several homes in the private community but refused to pay any of the assessments, contending that they were nonmembers of the homeowners association and nonusers of the recreational facilities maintained by the homeowners association. The trial court found there was an implied in fact contract to pay the assessments that arose from the property owners’ purchase of the homes with knowledge of the nature of the community and the conditions imposed upon ownership of homes within the community.

DISCUSSION

• The court affirmed the judgments of the lower courts.
• The court held that the issues of notice given by homeowners association and the property owners’ actual or constructive knowledge were not subject to its review.
• The court reasoned that those issues were largely factual and there was ample evidence in the record to support the findings of the trial court that the property owners knew the nature of the community and had impliedly accepted the conditions accompanying ownership of property in the community by their purchase.

CONCLUSION

The court affirmed the judgments of the lower court in favor of the homeowners association in their action to recover assessments from the property owners.