Austa La Vista, LLC v. Mariner's Pointe Interval Owners Ass'n

OPINION

in which SHARON G. LEE, J., and WILLIAM H. INMAN, Sp. J., joined.

In this dispute, plaintiffs sought declaratory judgment as to use of their lake by defendant, payment of fees and injunctive relief. Defendant counter-claimed for a declaratory judgment as to its use of the lake, disputed any obligation to pay fees to the plaintiff, and sought monetary damages and attorney’s fees. The Trial Court held that plaintiffs’ owned the lake and the master deed provided for maintenance fee and membership fees, that defendant’s members were required to pay. But if the defendants’ members did not…