Evergreen Highlands Ass'n v. West

I. INTRODUCTION

We granted certiorari in this case to determine whether, pursuant to the modification *2clause of the Evergreen Highlands Subdivision covenants, the requisite majority of lot owners may "change or modify" the existing covenants by the addition of a new covenant which: (1) requires all lot owners to be members of the homeowners association, (2) assesses mandatory dues on all lot owners in the subdivision to pay for the maintenance of common areas, and (8) imposes liens on those lots whose owners fail to pay the mandatory dues.

The district court held that such an amendment was…