Owner Prevails Over Association and is Allowed to Keep Her Storage Barn

This case involved a dispute between a homeowner’s association (“Association”) and an owner/member of the Association (“Owner”) over Owner’s right to construct and maintain a “storage barn” on her property. Association contended that Owner’s construction of the 10’x14’ storage barn, which Owner had constructed on her property to store a snow thrower and other inter items, was in violation of Association’s restrictive covenants that prohibited structures other than single-family residences. After Owner refused to remove the barn from her property, Association filed a lawsuit to compel the removal of the barn and to enjoin Owner from placing another shed on her property in the future. Owner defended the case by contending that the restrictive covenant was not enforceable because it was ambiguous, and that Association had waived enforcement of the restrictive covenant by failing to enforce prior violations.

The restrictive covenant in question prohibits buildings or structures other than single family dwellings with attached garage, “except swimming pool, tennis court, badminton court, walls or fences and such other auxiliary construction.” Owner contended that the words “auxiliary construction” were ambiguous and that the ambiguity rendered the restrictive covenant unenforceable.

The trial court granted summary judgment in favor of: