WEST GATE VILLAGE ASSOC. v. DUBOIS

No. 98-376.

145 N.H. 293 (2000)

WEST GATE VILLAGE ASSOCIATION v. JOSEPH W. DUBOIS, JR. & a. JOSEPH W. DUBOIS, JR. & a. v. WEST GATE VILLAGE ASSOCIATION

Supreme Court of New Hampshire.

October 11, 2000.


Attorney(s) appearing for the Case

Joseph E. Mitchell, of Merrimack, by brief and orally, for West Gate Village Association.

Timothy J. Arel, of Milford, by brief and orally, for Joseph W. Dubois, Jr., and Sabine G. Dubois.


HORTON, J.

Joseph W. Dubois, Jr. and Sabine G. Dubois appeal from a Superior Court (Hampsey, J.) order denying their motion to dismiss and granting summary judgment in favor of West Gate Village Association. We affirm in part, reverse in part, vacate in part, and remand.

West Gate calls itself a non-profit, homeowners association. The Duboises are homeowners and members of West Gate. West Gate asserts that it has the authority to levy "an annual assessment...

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