Valid or Not Valid? Association Enforcement of Deed Restrictions Against Owner Decided by Court

This case involved a dispute between a property owners association (“Association”) and a property owner (“Owner”) over Owner’s right to retain a mobile home on his property. At issue was the application of a deed restriction that said, “Only a residence, garage, or tool house may be built on residential lots” and, “No trailer houses, mobile homes, or kindred structures will be permitted.”

After Owner refused to remove the mobile home from his property at the request of Association, Association filed suit seeking an order from the court compelling Owner to remove the mobile home from his property and a permanent injunction prohibiting Owner from moving a “trailer house, mobile home, or kindred structure” on his property. Owner refused to remove the mobile home from his property because he contended that there were other mobile homes in the same subdivision that Association did not seek the removal of. Based on those facts, Owner raised the affirmative defenses of waiver and estoppel and argued that Association’s efforts to enforce the deed restriction against Owner were “arbitrary, capricious, and discriminatory.”

The trial court rendered judgment in favor of Association and ordered Owner to remove the mobile home from his property. After his motion for a new trial was denied by the court, Owner filed an appeal of the trial court’s judgment. In the appeal, Owner contended that Association frequently declined to enforce the deed restriction and had knowingly permitted other mobile homes in the same area, thereby waiving the right to enforce the deed restriction against Owner. Owner further contended that Association could not enforce the deed restriction against him based on the principles of estoppel because Association had originally allowed him to put the mobile home on his property until he could install a permanent structure. Thus, Owner contended that Association was estopped from taking a contrary position and enforcing the deed restriction.

In considering Owner’s waiver and estoppel defenses to Association’s enforcement of the deed restriction, the appellate court stated that to defeat the enforcement of the restrictive covenant, Owner had to prove that the existing other violations were such that they would lead the mind of the average person to reasonably conclude that the restriction had been abandoned and its enforcement waived. To make such a determination, the court considered such factors as: