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BEAZER HOMES IND., LLP v. CARRIAGE COURTS HOMEOWNERS ASS'N, INC.

No. 49A05-0808-CV-454.

905 N.E.2d 20 (2009)

BEAZER HOMES INDIANA, LLP f/k/a Crossman Communities Partnership, Appellant-Defendant, v. CARRIAGE COURTS HOMEOWNERS ASSOCIATION, INC., Appellee-Plaintiff.

Court of Appeals of Indiana.

April 28, 2009.

Attorney(s) appearing for the Case

Andrew J. Detherage, Mark J. Crandley, Monica R. Brownewell Smith, Barnes & Thornburg LLP, Indianapolis, IN, Attorneys for Appellant.

Stephen R. Buschmann, Laura B. Conway, Thrasher Buschmann Griffith & Voelkel, Indianapolis, IN, Attorneys for Appellee.

OPINION

BAKER, Chief Judge.

Here, we must determine when a lot becomes a lot for the purpose of assessing homeowner assessment fees pursuant to the contract between the parties. Under the facts of this case, a lot becomes a lot upon the filing of the final plat.

Appellant-defendant Beazer Homes Indiana, LLP f/k/a Crossman Communities Partnership (Beazer), appeals the entry of partial summary judgment in favor of appellee-plaintiff Carriage Courts...

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