Diamante, LLC, Appellant v. Gary Dye and Linda Dye, Appellees

Summary

The Supreme Court of Arkansas affirmed certification of a class of current owners of lots in two Diamante subdivisions challenging the enforceability of tie-in rights based on Diamante's alleged selective collection of dues and other conduct. The court held that the proposed class satisfied adequacy, commonality, typicality, predominance, superiority, and definiteness requirements, and that deferred dues and arbitration provisions did not defeat certification. The court also declined to consider an unpreserved challenge to the amended class definition.