NETTLES v. TICONDEROGA OWNERS' ASS'N, INC.

No. 33,364.

306 P.3d 441 (2013)

2013-NMSC-030

Leonard NETTLES and Kay Nettles, Plaintiffs-Petitioners, v. TICONDEROGA OWNERS' ASSOCIATION, INC., The Ticonderoga Recreational Association, Inc., James W. Mundy, James Cunningham, Randall Bevis, and David Palm, Defendants-Respondents.

Supreme Court of New Mexico.

June 27, 2013.


Attorney(s) appearing for the Case

Van Amberg, Rogers, Yepa, Abeita & Gomez, L.L.P, Ronald J. Van Amberg , Santa Fe, NM, for Petitioners.

Keleher & McLeod, P.A., Ann Maloney Conway , Christina Muscarella Gooch , Brian J. O'Rourke , Thomas C. Bird , Albuquerque, NM, Carpenter, Hazelwood, Delgado & Wood, P.L.C., Javier Benjamin Delgado , Joshua M. Bolen , Kellie J. Callahan , for Respondents.


OPINION

BOSSON, Justice.

{1} Covenants in planned subdivisions impose binding obligations upon the owners. When amended by a majority of the owners, to the detriment of a minority, those revised amendments can be subjected to legal scrutiny. In this case we address two criteria for such legal analysis — uniformity and reasonableness. While failing to create a triable question on uniformity, the reasonableness of the amendment in this...

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