Kentucky Court Upholds HOA’s Arbitrary Enforcement of Setback Rules to Prevent Home Addition

UNPUBLISHED Kentucky Appellate Court decision (January 9, 2015).

This case involved a dispute between a homeowner and his HOA over an addition that the homeowner sought to construct to his home which the Association maintained violated side-yard setback restrictions that were contained in the community’s governing documents. The subdivision consisted of large lots ranging from 3.6 to 6.3 acres each. Each of the homes in the subdivision was valued in excess of $1,000,000. The restriction at issue prohibited construction within 25 feet of the side-yard property lines. The Association’s governing documents also contained a provision whereby property owners could seek a waiver of the restrictions.