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DUFFY v. LANDINGS ASSOCIATION, INC.

No. A00A0208.

536 S.E.2d 758 (2000)

245 Ga. App. 104

DUFFY et al. v. The LANDINGS ASSOCIATION, INC. et al.

Court of Appeals of Georgia.

Reconsideration Denied July 14, 2000.

Certiorari Denied January 5, 2001.

Attorney(s) appearing for the Case

Duffy & Feemster, Dwight T. Feemster, Savannah, for appellants.

Ranitz, Mahoney, Coolidge & Mahoney, Thomas J. Mahoney, Jr., Thomas J. Mahoney III, Mary K. Hogan, John H. Oldfield, Jr., Savannah, for appellees.

RUFFIN, Judge.

This case concerns the viability of a restrictive covenant requiring that property owners pay a "transfer fee" to a marketing company upon the sale of their residence. The trial court upheld the covenant and granted summary judgment to defendants, The Landings Association, Inc. and The Landings Company. We reverse because the transfer fee covenant was not properly established in accordance with the amendment provisions of the original covenants.

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