Duffy v. Landings Association, Inc.

Ruffin, Judge.

This case concerns the viability of a restrictive covenant requiring that property owners pay a “transfer fee” to a marketing company upon the sale of their residence. The trial court upheld the covenant and granted summary judgment to defendants, The Landings Association, Inc. and The Landings Company. We reverse because the transfer fee covenant was not properly established in accordance with the amendment provisions of the original covenants.

Summary judgment is appropriate when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of…