DE Court Says Architectural Restrictions Were Applied Arbitrarily & Unreasonably & Are Unenforceable

Delaware Court of Chancery decision (December 22, 2014)

This case involved a dispute between a condominium owner and her homeowners association over the owners attempted modifications to her separate interest property that the association contended were in violation of the association’s governing documents. Specifically, the unit owner sought to extend a deck and enclose her porch using large windows on the rear side of the unit, rather than the sliding glass doors which were utilized when the unit was constructed. The homeowners association (governing council) denied the requested modifications on the basis that the applicable restrictions mandated that the desired improvements be “substantially similar to the original construction” and that meant the owner had to use sliding glass doors.