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

Seaview property owners were assessed a share of annual costs to maintain a rent-free home for a resident doctor in the summer; shelters for lifeguards and Suffolk County Police, as well as snow fences, anti-erosion devices, a nature area, and recreational facilities. Ds owned homes in Seaview and refused to pay any of the assessments. The Association (P) sued them for the fees. The trial court gave the verdict to P by finding that D was liable under an implied contract; they bought the homes there with knowledge of the nature of the community and the conditions imposed upon ownership therein. D contended that they never used any of the facilities, and should not be obligated to pay unless they expressly agreed.

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