Townhome owners sued for declaration by the Scott Circuit Court that the homeowners’ association governing the 77 townhome development did not have any right, responsibility or jurisdiction over their units or lots. The court held that there were no covenants, restrictions or conditions filed in the record with respect to the Plaintiffs’ units because the covenants, restrictions or conditions were applicable to the first section of the development (units 1-8) and not any later phases of the development (units 9-17 or 18-28 or 29-46 or 47-77) where Plaintiffs’ units were located. Thus, those few owners who challenged were relieved of any obligation to pay monthly dues, assessments or maintenance costs for common area and the extensive private roadway.
Homeowners association/restrictions/covenants/dues and assessments
