Question

Plaintiff homeowners purchased a parcel of land in the homeowners association's (HOA's) subdivision. Their real estate agent requested that the attached- garage requirement be waived, and when the owners did not receive a response from the HOA, they worked out a plan to construct one. The owners purchased a modular home to which they could attach a garage without first obtaining an architectural review pursuant to a restrictive covenant in the HOA declarations. One member of the HOA unilaterally disapproved of the home. The owners fi led suit, and a meeting of the HOA was held regarding the owners' home. However, the dispute was not resolved. Plain- tiff homeowners then fi led a request for a permanent injunction to prevent the defendant homeowners association from applying the architectural review covenant that led to the disapproval of the owners' planned home. The HOA counter-filed, seeking a permanent injunction upholding its application of the architectural review standards and also seeking dam- ages. On the basis of the facts presented, to whom do you think the court awarded a permanent injunction and why?


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  • CreatedOctober 21, 2015
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