Martin's Landing Foundation, Inc. v. Landing Lake Associates

RONEY, Circuit Judge:

Martin’s Landing Foundation, Inc. is a Georgia non-profit corporation comprised of all fee owners of properties in a planned residential community, formed to own, maintain, and administer common properties, the greenbelts, open spaces, walkways and recreational facilities in the development. The Foundation has authority to assess an annual charge against each property to defray its expenses. This case involves the validity of a ceiling placed on the assessment against a certain apartment property in a Supplementary Declaration filed by the developer after the initial…