Brendonwood Common v. Franklin

YOUNG, Judge.

Brendonwood Common, a not-for-profit corporation, began this action to collect delinquent assessments from several of its members, each of whom owns one or more Brendonwood lots fronting on 56th Street (Brendonwood’s southern boundary). These members resisted collection and sought declaratory relief that the covenants requiring all lot owners in Brendonwood to maintain memberships in Brendonwood Common and to pay its assessments had become unenforceable as to their lots. Thus this case combines Brendonwood Common’s efforts to collect delinquent assessments from seven of its…