Court Says HOA Lost Right to Enforce Restrictive Covenant

This case involved a dispute between a homeowners association (“Association”) and homeowners (“Owners”) over the construction of a shed on Owners’ property without prior Association approval. After Owners had built the 12′ x 16′ wooden shed in their backyard which was visible from common areas, Association demanded that they remove it for being in violation of provisions contained in Association’s governing documents and for not having obtained Association’s permission prior to building the shed. After Owners refused to remove the shed, Association filed suit seeking an order compelling Owners to remove the shed due to an HOA restrictive covenant.

The trial court granted summary judgment in favor of Owners after finding that the subject community had numerous other structures that were visible from the common areas and the action taken by Association against Owners was arbitrary. Association appealed the trial court’s decision.