Cash v. Granite Springs Retreat Ass'n, Inc.

Developer Miller recorded restrictive covenants for a planned subdivision's Second Filing parcel before formally acquiring legal title to it (though he already held equitable title under an earlier oral agreement with the seller, Lorenz, that both parties fully performed), and later filed additional documents, including an Affidavit of Intention, confirming the covenants applied to both filings. Lot owners including Cash (plaintiff), whose chains of title included notice of Miller's Affidavit or awareness of the planned development and its homeowners' association, sued the homeowners' association, GSRA (defendant), arguing the covenants didn't actually bind the Second Filing lots since they were recorded before Miller held legal title; the district court granted GSRA summary judgment.