Affirms appellants’ properties are subject to assessment set out in real estate declaration

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UNPUBLISHED

The Prestwick Planned Unit Development (Prestwick P.U.D.) consists of several separate residential subdivisions and a golf course in Hendricks County, Indiana. The appellees, Prestwick Community Services Association, Inc. (Prestwick CSA), filed 17 notices of claim in Hendricks Superior Court No. 2, Small Claims Division, against KFT Realty, Inc. (KFT). Each claim involved a separate lot owned by KFT in the residential subdivision Prestwick Villas and sought payment from KFT for Prestwick CSA regular and special assessments for the years 2005 and 2006. Those 17 separate claims were consolidated into a single hearing and a single case-in-chief, as the claim relating to each lot was based upon the same theory. Following the hearing, the trial court found in favor of Prestwick CSA as to each separate claim. KFT appeals those decisions, which have been consolidated into a single appeal. KFT presents the following consolidated, restated issue: Did the trial court err in concluding that KFT’s properties are subject to the assessments set out in Prestwick CSA’s Declaration?

Conclusion (slip op. at 12):  In sum, Prestwick Villas was successfully annexed into the Prestwick CSA pursuant to the 1995 Final Plat approved by the Hendricks County Plan Commission and recorded in the Hendricks County Recorders Office. When KFT purchased Prestwick Villas in 2003, it did so subject to the restrictions and obligations for which the Final Plat put it fairly on notice. Such included the obligation to pay assessments to Prestwick CSA for managing and maintaining the common areas of its property. The trial court did not err in so holding.

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Bose McKinney & Evans LLP is a business law firm, headquartered in Indianapolis, Indiana, serving both publicly held and privately held businesses, governmental entities and high-growth industries. Our clients include Fortune 100 companies, international manufacturers, national and regional financial institutions, agribusinesses, sports teams, university-incubated start-ups, media, utilities, cities and schools, to name a few. We strive to build strong relationships with our clients as key business advisors, to exceed expectations in the quality of our work, to be knowledgeable about our clients’ businesses and sectors, to be responsive to service needs and to continually seek to improve the delivery of client services. Our ultimate focus is on our clients.
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