Margerison v. Charter Oak Homeowners Ass'n

Dissenting Opinion by

CAROL M. HANSEN, Judge.

T1 The majority mischaracterizes the issue as one dealing with whether a gate "could remain" in the fence. The original fence and gate are gone.

*97812 Charter Oaks Home Owners Association, is a gated community consisting of 65 lots. The 1988 charter and by-laws reserved a three foot perimeter and fence easement in favor of Association along the northern edge of the community. The fence had three gates at the time Plaintiffs purchased their lots. It is undisputed there is no provision in the charter, covenants or by-laws allowing lot owners to install a…