F.N. Realty Services, Inc. v. Oregon Shores Recreational Club, Inc.

Plaintiff appeals from a declaratory judgment for defendant. The court held that provisions in the recorded Declarations of Restrictions of a subdivision created a lien in favor of defendant for annual assessments on lots within the subdivision. It further held that defendant’s liens are superior to any interest of plaintiff or the interest of anyone claiming through plaintiff. We reverse.

The facts are undisputed.1 Oregon Shores Unit 2, Tracts 1113 and 1184, is a rural residential subdivision located in Klamath County. Plaintiff is an escrow and real estate service agent acting on behalf of…