Henlopen Acres, Inc. v. Potter

Seitz, Chancellor:

This is an action by a maintenance corporation to enforce by foreclosure a so-called lien for annual maintenance charges as provided by deed. The basic issue presented is the legality of an increase in the so-called maintenance assessments on the lot holders.

Plaintiff corporation admittedly is responsible for the management and maintenance of Henlopen Acres, a seashore development commenced in 1930. In 1947, defendant purchased for $1,700' a lot in the development. His deed thereto recited that the land conveyed was subject to “all the conditions, covenants, agreements,…