Cumberland Development & Marketing Inc. v. Lake Adventure Community Ass'n

THOMSON, P.J.,

This case involves an analysis of the recently enacted Uniform Planned Community Act1 which went into effect on Feb*119ruary 2, 1997. The issue before the court is whether the amendment procedure dictated by the UPCA or the one contained in the original declaration should be utilized in this matter. We find that the amendment procedure employed in the original declaration, which runs contrary to the UPCA, should prevail due to the reverse priority rule of the UPCA. As a result, the amendments recorded April 7, 1997 are valid.

FACTS

The material facts are adopted from the joint…