Gary Dye and Linda Dye v. Diam — Hart, J…

Summary

Justice Hart dissented from the majority's affirmance, arguing that the transfer-fee and golf-membership covenants were unreasonable restraints on alienation and that unrecorded, subsequently created bylaws and rules could not bind property owners. She also contended that the majority misapplied recording statutes, misconstrued the supplemental declarations regarding deferred dues, and improperly treated the dispute as governed by contract-law limitations principles. Justice Baker joined the dissent.