Agreement to Pay Assessments “Implied in Fact”
Facts: An association that owns and maintains the public areas within a gated community and provides services to the residents of that community sued a homeowner for dues and assessments. Following a nonjury trial, a court ruled in favor of the association. It ordered the owner to pay over $3,000 to the association. The owner appealed.
Decision: A New York appeals courtupheld the lower court’s decision.
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