Thirteen South Ltd. v. Summit Village, Inc.

OPINION

Appellant Thirteen South, Inc. (“Thirteen South”) argues that its purchase of a lot in a tax foreclosure sale extinguished real covenants burdening the lot. It brought this action against Summit Village, Inc., a neighborhood homeowners’ association (“the Association”), seeking to invalidate covenánts, including a covenant requiring the owner of the lot to pay dues to sustain neighborhood facilities and services. In a motion for preliminary injunction, Thirteen South asked the district court to enjoin the Association from selling the lot to satisfy a private lien for delinquent payments…