Hampton Ridge Homeowners Ass'n v. Marett Properties, Ltd.

Benham, Chief Justice.

This case concerns the recreational facilities in Hampton Ridge subdivision. On the plat recorded at the time of subdivision, one tract was designated as “recreational area.” A swim and tennis facility was constructed there by the developer. Subsequent to the filing of the plat, a Declaration of Covenants and Restrictions (“the Declaration”) was filed, followed by a document entitled “Consent to be Bound,” (“Consent”) in which the owners of all the lots in the subdivision agreed to be bound by the Declaration. A dispute arose several years later concerning assessments…