Southeastern Jurisdictional Administrative Council, Inc. v. Emerson

NEWBY, Justice.

This case presents the issue of whether community regulations that levy annual service charges on properties in the Lake Junaluska Assembly Development (“the Assembly”) impose valid affirmative obligations upon the property owners to pay the fees. In light of the unique character of the Assembly and its long-standing history of covenant-imposed regulations, we uphold the covenants as enforceable and reverse the Court of Appeals.

Plaintiff Southeastern Jurisdictional Administrative Council, Inc. (“the Council”) is a nonprofit, non-stock corporation that manages, owns, develops,…