FACTS: Appellant buyers purchased a vacant lot in a subdivision. Appellants attempted to sell such lot, but were unable to find any buyers. Appellants believed that the lot was worthless. Appellee homeowners association billed appellants for association fees. Appellants refused to pay such fees on the grounds that they had effectively abandoned their lot. Appellee initiated an action against appellants to recover the unpaid fees. The trial court entered summary judgment in favor of appellee because abandonment was not a valid defense in a real property action.
On appeal, the court affirmed the decision. Appellants never relinquished their rights, title, claim or possession of the lot.
Appellants remained the owners of such lot in fee simple because they were the owners of record. The court found that perfect title could not be abandoned, so appellants were liable for the fees.
CONCLUSION: The court affirmed the decision granting summary judgment in favor of appellee homeowners association. Appellant buyers could not allege that they had abandoned their lot because they never relinquished their title to such lot. Appellants had perfect title, so they were liable for the association fees.
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