Windemere Homeowners Ass'n Inc. v. McCue

¶1 This is an appeal from a declaratory judgment entered by the Fourth Judicial District Court, Missoula County. The court determined that the Windemere Homeowners Association, Inc., had authority, under a 1997 Amendment to restrictive covenants, to assess against subdivision tract owners the costs of paving a common road. The Appellants are tract owners who neither consented to nor approved the 1997 Amendment. We affirm.

¶2 The issues are:

¶3 1. Did the District Court err in determining that the clause of the restrictive covenants allowing for amendment authorized the ere*79ation of new or…