Birchwood Lakes Community Ass'n v. Comis

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding that covenant to pay annual maintenance dues which extended to “Grantee ... heirs, successors, executors, administers and assigns” were clearly intended to run with the land
• referring to the property owners' association that performed the \services essential to the maintenance of the community\ as the \successor in interest to the developer\
• rejecting defendant’s attempt to frame obligation of paying maintenance fees as a restrictive covenant “in the hope that a standard of review more favorable to their position will be applied,” and instead applying the standards applicable to nonrestrictive covenants
• “If a plaintiff fails to succeed in his claim based on an express contract he may not then attempt to demonstrate a contract implied in fact unless such has been averred in the complaint.”
• “if a plaintiff fails to prove a cause of action on an express contract, he may not then attempt to prove his case in quasi contract, unless his complaint originally, or as amended sets forth a cause of action in quasi contract”

Source: CourtListener parenthetical corpus (CC0).