Midsouth Golf, LLC v. Fairfield Harbourside Condominium Ass'n, Inc.

Fairfield Harbour's Master Declaration required property owners to pay annual fees for recreational amenities maintained by Fairfield Harbour, Inc. (FHI), separate from the parks and common areas maintained by a homeowners association over which owners held an easement. Time share communities (defendants) within the development were also bound by recorded covenants to pay these amenity fees, later set at a much higher multiplied rate under a separate 1993 agreement between FHI and a successor amenity owner, though a 1998 settlement had capped the rate at parity with individual lot owners. When Midsouth Golf (Midsouth) (plaintiff), the amenities' later purchaser, sued in 2004 to enforce the higher multiplied rate against the time share defendants, the defendants argued the fee covenant was personal and not binding on them as land-based obligations, and the trial court granted them partial summary judgment.