Originally published in Habitat Magazine, April
2017
What happens in a community when homeowners do not follow
restrictive covenants? The court reviewed just that question in
Bluff Point Townhouse Owners Association v.
Kapsokefalos.
Lisa Kapsokefalos and her husband own a townhouse in the Bluff
Point community in Plattsburgh, New York. The homeowners pay
membership dues to Bluff Point, which provides services for the
benefit of residents. There was a long history of litigation
between the parties, with the Kapsokefaloses refusing to pay
monthly dues. There were two prior actions against the couple as a
result of their failure to comply with certain restrictive
covenants and pay dues. The second of these two actions ended with
a decision and order issued on January 6, 2014, awarding the
association judgment for the relief requested in the complaint.
Specifically, the Kapsokefaloses were directed to pay the monthly
dues outstanding from August 2007 to December 2013.
