- Court: Oregon Court of Appeals
- Area(s) of Law: Contract Law
- Date Filed: 12-29-2021
- Case #: A165800
- Judge(s)/Court Below: Rasmussen, J., Conover, Judge., DeHoog, J., Presiding Judge, Mooney, J., Kamins, J.
- Full Text Opinion
Petitioners, the Creekside Homeowners Association, brought an action for waste, arguing that the CC&Rs require Respondent, Creekside Golf Course, to maintain the subject golf course in perpetuity. The trial court held that the CC&Rs do not prohibit Respondent from eliminating the golf course and developing it for residential use.
The CC&Rs expressly negate the Association’s claim of interest, explaining that the property “may” be developed for the purpose of a golf course and a golf course may be “discontinued or converted.” Further the CC&Rs outline the rights and obligations of the golf course owner, a unit owner’s assumption of risk, and the risk that the course’s design may impede an owner’s view or negatively affect property value.
Accordingly, on appeal, the court found that the trial court did not err, rejecting Petitioner’s claim of waste.
Affirmed.