Q: What ever happened at the trial on the challenge to the R&S covenants?
A: As many of you are aware the WLRMS filed a lawsuit against one of our property owners sometime ago. The following is a statement which will appear in the minutes of their February 22, 2012 meeting.
"Consistent with its goal to promote sharing of the costs of maintaining our community roads and security in an equitable manner among all Wolf Laurel property owners, the Roads & Security Board filed suit against the owners of twenty lots who were delinquent in payment of assessments in the approximate amount of $80,000. Defendants contended that the 1991 and 2002 Amended Covenants regarding assessments for road maintenance and security were unenforceable.
On the eve of trial, Defendants entered into a consent judgment to be filed in the courts of Madison and Yancey counties, signed by the presiding Superior Court Judge and the parties. The terms of the judgment include acknowledgement of the 1991 and 2002 Amended Covenants as reasonable and enforceable. Defendants must pay the 2012 and all future road and security assessments in full. Defendants are liable in the amount of $80,000 for past indebtedness. The judgment contains various provisions for payment and contingencies in the event of default. In the event Defendants default on any of the provisions of the judgment, the judgment may be enforced by the contempt powers of the Court to force the Defendants to convey lots necessary to satisfy both the past-due obligations and current obligations.
With this result, R&S will be contacting all those property owners who are delinquent in payment of assessments to encourage them to immediately pay their fair shares. Absent payment, further steps will be taken as may be appropriate for collection of the Covenant requirements."
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