Columbia Ass'n v. Poteet

On August 14, 1969, appellees, Joseph Poteet and Shirley Clarke-Poteet (the “Poteets”), acquired title to real property that, pursuant to a declaration executed by the Poteets’ predecessor in title, was subject to certain covenants, easements, charges, and liens. Article II of the declaration provided for a charge to be levied in each year against the property subject to the declaration, which included the property owned by the Poteets. The Poteets failed to pay the annual charges for which they were billed between July 1, 1973 and June 30, 2006.

On December 19, 2008, appellant, Columbia…