Ebbe v. Senior Estates Golf and Country Club

Plaintiff, owner of a lot in Woodburn Senior Estates, a retirement community, brought this action for declaratory judgment to declare void the attempted creation by defendant of an “initiation fee” to be levied as a lienable assessment against lots on their resale. The matter was submitted to the trial court on pleadings and memoranda. Defendant appeals from a judgment for plaintiff and assigns error to the trial court’s determination that the initiation fee was void. We affirm.

Defendant (club) is the nonprofit successor corporation to the original entity that in 1962 developed and assumed…