Harbison Community Ass'n, Inc. v. Mueller

Howard, Judge:

This is an action for collection of assessments on property owned by the respondents, George and Jane Mueller. The magistrate entered judgment for the appellant, Harbison Community Association, Inc. (the Association). On appeal, the circuit court reversed the magistrate’s order, finding that the covenant to pay assessments was personal and did not run with the land, and thereby precluded the Association from collecting the assessments. The Association appeals. We reverse the circuit court.

In 1975 the Harbison Subdivision was organized as part of a Federal Department of Housing…