This section contains the nature of the case and procedural background.

Defendant is the owner of two lots in Candlewood. D got the lots from his father who conveyed them subject to restrictions, conditions, reservations, and easements of record. The Association was authorized to assess fees against the property for annual operation charges, services, water, and sewer and to include collection costs incurred in collecting overdue fees and assessments. The deeds held that every owner will be conclusively covenanted to pay the Association all charges made by the trustee pursuant to Association restrictions. The Association (P) filed suit against D to collect unpaid assessments. The trial court granted summary judgment to P and this appeal resulted.

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