Shamrock v. Wagon Wheel Park Homeowners Ass'n

OPINION

TIMMER, Judge.

¶ 1 How can mandatory membership in a newly created homeowners’ association be imposed on residents of an existing subdivision? We resolve that question in Wagon Wheel Park Homeowners Association’s appeal of a summary judgment entered against it on appellees’ complaint for declaratory and other relief. For the reasons that follow, we hold that mandatory membership in a new homeowners’ association can only be imposed on owners of lots within an existing subdivision by recording deed restrictions to that effect. Because such restrictions did not exist during the relevant…