Regency Homes Association v. Egermayer

United of Omaha developed the Regency subdivision, whose declaration required all lot owners to belong to the Regency Homes Association (RHA) (plaintiff), which used member dues to maintain shared entrances, docks, lakes, parks, and security. Non-owners could also pay to use the facilities. Lot owner George Egermayer (defendant) refused to pay his dues, arguing RHA membership did not add value to his land and so the covenant did not run with it. RHA sued to foreclose a lien on his lot for the unpaid dues, and the trial court ruled for RHA; Egermayer appealed.