Question: Sharon developed a tennis - oriented condominium ( condo ) project and called the project Tennis Heaven. Tennis Heaven consisted of 5 0 condos, 5

Sharon developed a tennis-oriented condominium (condo) project and called the project Tennis Heaven. Tennis Heaven consisted of 50 condos, 5 tennis courts, and parking facilities. Sharon recorded a Declaration of Covenants, Conditions, and Restrictions in the chain of title of all 50 units before sales began. The Declaration established a homeowners association (HOA) to collect dues and enforce the restrictions. One of the restrictions in the Declaration provided: Tenants of any unit owner will be entitled to use the tennis courts; however, nonresident unit owners are prohibited from using the tennis courts during the period of such tenancy. Benny bought one of the condos and moved in, but had no actual knowledge of the Declaration provisions because he had not read them. Three years later, Benny purchased a new house nearby Tennis Heaven and leased his condo to Ed who entered into possession. Benny knew that Ed didnt play tennis and wouldnt be using the courts so Benny continued using the Tennis Heaven courts. Several months later, Benny received notice from the HOA warning him that he would be subject to a fine if he violated the terms of the Declarations restrictions on use of the tennis courts. Assuming the jurisdiction uses the Nahrstedt test, would this restriction be enforceable against Benny as a nonresident unit owner?

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