Trask v. Tremper Property Ass'n

Appeal from an order of the Supreme Court (Zwack, J.), entered April 18, 2013 in Columbia County, which granted defendant’s motion to dismiss the complaint.

Defendant, an incorporated property association, acquired real property in 1960 abutting a lake and it subdivided the parcel into 13 lots. It then assigned the lots to its founding members, including Otis Rawalt and Roberta Rawalt, by provision of certificates of ownership. The Rawalts’ certificate of ownership stated that they were owners of the parcel “subject to the provisions of [defendant’s] [c]ertificate of [incorporation . . ., and…