Court Allows Owner to Construct Second Dwelling Unit Over Objections by HOA

This case involved a dispute between a homeowner (“Owner”) and her homeowners association (“Association”) over Owner’s construction of a second dwelling unit on her property. Owner purchased her property which was part of a common interest development governed by Association in 2017. When Owner purchased the property, she contemplated constructing an addition so that her parents had a place to stay when they visited Owner and her children.

Association’s governing documents contained a restrictive covenant which states, “there shall be no more than one single family dwelling on any one lot.” Another provision of the covenants defined “single family dwelling” as “a building used for residential occupancy by one family household.”

In 2020, Owner notified Association that she was building a one-bedroom addition to her home and provided Association with detailed plans of the proposed addition that was to be attached to the side of the existing garage. Association objected to the proposed addition because it appeared to be a separate but attached dwelling unit that Association contended