Court Says HOA Cannot Enforce Ambiguous Covenant Against Homeowner
In this case, a homeowner installed a new septic drain field on his property which affected the landscaping in his front yard. As part of the project the homeowner redesigned the affected landscaping to include hardscape features, vegetation and mulch, but no grass. The homeowner submitted a plan to his homeowners association for approval of the hardscape additions which was approved by the association. The owner subsequently submitted a plan for approval of the soft aspects of the landscaping which did not include a grass lawn and for that reason, the plan was not approved by the association. The homeowner filed suit against the association contending that association approval was not required for the nonstructural modifications to his front yard landscaping and that the applicable provision in the association’s governing documents was ambiguous.