Candlewood Lake Association, Inc. v. Scott
Ohio Court of Appeals
610 N.E.2d 562 (Ohio Ct. App. 1991)
Candlewood Lake Association (plaintiff), a property owners' association formed in 1972, imposed deed restrictions letting it charge fees for maintenance, water, sewage, and other utilities, with the restrictions expressly stating they would run with the land and bind future titleholders; Kermit Scott (defendant) received a plot of land from his father, an association member, but refused to pay the association fees. Candlewood sued, the trial court ruled for the association, and Scott appealed, arguing the restrictions were merely personal to his father rather than covenants running with the land.
Whether a future property holder who receives land from a prior owner is bound by deed restrictions imposing recurring fees, when those restrictions are found to run with the land.