Greater Molega Lake Lot Owners Association v. MacClure

Greater Molega Lake Lot Owners Association v. MacClure

Because Robert MacClure personally executed a Warranty Deed that expressly covenanted he would observe and perform the restrictions and covenants, he is contractually bound to pay the association assessments; the claim is a contractual debt within the Small Claims Court's jurisdiction, so judgment is entered for the Claimant for $1,162.20 plus costs; Freda MacClure is not bound absent evidence of an express covenant in her deed and the claim against her is dismissed.

Citation
2017 NSSM 42
Parties
Claimant: GREATER MOLEGA LAKE LOT OWNERS ASSOCIATION; Defendant: ROBERT FRASER HARRISON MacCLURE; Defendant: FREDA MAXINE MacCLURE
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
14 August 2017
Procedural Posture
Small Claims Court / Decision
Outcome
Judgment for Claimant against Robert F. H. MacClure for $1,162.20 plus costs; claim against Freda Maxine MacClure dismissed.
Legal Topics
Positive Covenants, Restrictive Covenants, Enforceability of Deed Covenants, Homeowners Association Assessments, Jurisdiction of Small Claims Court, Societies Act Compliance
Source Language
English
Property Law Contract Law Civil Procedure Conveyancing Positive Covenants Restrictive Covenants Enforceability of Deed Covenants Homeowners Association Assessments +2 more

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Parties

GREATER MOLEGA LAKE LOT OWNERS ASSOCIATION

Claimant

ROBERT FRASER HARRISON MacCLURE

Defendant

FREDA MAXINE MacCLURE

Defendant

Procedural Posture

Small Claims Court / Decision

Legal Issues

  1. 1 Whether the defendants are legally bound to pay lot owners association assessments where covenant is positive in nature
  2. 2 Whether a positive covenant in earlier deeds can be enforced against a successor by virtue of an express covenant in the successor's deed
  3. 3 Whether the Small Claims Court has jurisdiction to hear a contractual claim for unpaid assessments

Ratio Decidendi

Because Robert MacClure personally executed a Warranty Deed that expressly covenanted he would observe and perform the restrictions and covenants, he is contractually bound to pay the association assessments; the claim is a contractual debt within the Small Claims Court's jurisdiction, so judgment is entered for the Claimant for $1,162.20 plus costs; Freda MacClure is not bound absent evidence of an express covenant in her deed and the claim against her is dismissed.

Court Disposition

Judgment for Claimant against Robert F. H. MacClure for $1,162.20 plus costs; claim against Freda Maxine MacClure dismissed.

Orders

  • Judgment entered in favour of GREATER MOLEGA LAKE LOT OWNERS ASSOCIATION against Robert F. H. MacClure for $1,162.20
  • Costs awarded to Claimant in the amount of $204.66