Nettles v. Ticonderoga Owners’ Assn., Inc.

Leonard and Kay Nettles purchased property and built a home in a remote subdivision in Rio Arriba County known as Ticonderoga. At the time of the Nettles purchase, the lots in Ticonderoga were subject to various covenants, and the subdivision was governed by a Homeowners’ Association. The Homeowners’ Association amended some of the covenants and its articles of incorporation. One of the amendments changed the definition of “common easements.” The new definition no longer included all roads in Ticonderoga, but specific roads that led to common recreation areas. The new definition now excluded the road that served specifically Nettles’ home as well as some other roads, but still included those roads that led to the majority of homesites in Ticonderoga. As a result of the changed definition, Nettles was still required to pay common assessments to fund the maintenance costs of these other roads, but was now required to maintain the their road privately, along with a few other owners of undeveloped lots on that road, at Nettles’ own expense. A second amendment allegedly diluted Nettles’ voting rights in the Homeowners’ Association. Nettles filed suit against the Homeowners’ Association. The Association filed for summary judgment, claiming that all the actions taken were explicitly authorized by the governing documents of the Association. Nettles countered, claiming that the amendments violated New Mexico law because the amendments were not uniform. The district court granted summary judgment for the Association. The Supreme Court reversed, finding that while Nettles failed to create a triable question on uniformity, the reasonableness of the amendment in this case should have been tried and not disposed of through summary judgment. View "Nettles v. Ticonderoga Owners' Assn., Inc." on Justia Law