Seaview Ass'n of Fire Island, N.Y., Inc. v. Williams
Court of Appeals of New York
510 N.E.2d 793 (1987)
Williams (defendant) bought a home in the Seaview community, familiar with the area from previously living nearby and aware of prominently posted signs describing homeowner obligations, but refused to pay Seaview's (plaintiff) standard homeowner assessments, claiming he did not use the funded facilities; Seaview sued for unpaid assessments from 1976 through 1984, and the trial court found an implied contract to pay based on Williams's purchase with knowledge of the community's conditions.
Whether, when a person purchases property within a community with either actual or constructive knowledge of conditions of ownership imposed upon the property, there is an implied acceptance of the conditions of ownership sufficient to support an implied in fact contract.