Windemere Homeowners Association v. Mccue

A 1984 Declaration of Restrictive Covenants binding 15 lots allowed the covenants to be waived, terminated, modified, or changed with the written consent of at least 65 percent of the lot owners. In 1997, 74 percent of owners approved an amendment creating the Windemere Homeowners Association (plaintiff), which was tasked with maintenance and repairs and empowered to assess owners for paving Windemere Drive. When some owners, including Mccue (defendant), refused to pay for the paving, the association sued. The court permitted collection, and Mccue appealed, arguing the original declaration allowed only amending existing covenants, not creating new ones.

Whether a homeowners' association may change and add to covenants existing at the time of purchase so long as a supermajority of the owners agrees.