Members Had ‘Actual Knowledge’ of Duty to Pay Assessments
Facts: Members in a planned community sued the homeowners association, arguing that their deed didn't require them to pay semiannual assessments to the association. The members asked a trial court for a declaratory judgment that they weren't required to pay the assessments. The association asked the trial court for a judgment in its favor without a trial, which the court granted. The homeowners appealed.
Decision: A Massachusetts appeals court upheld the decision in favor of the association and dismissed the case.
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