Monday, January 6, 2014

Raintree of Albermarle Homeowners Ass’n Inc. v. Jones case brief

Raintree of Albermarle Homeowners Ass’n Inc. v. Jones case brief summary
413 S.E.2d 340 (1992)

Plaintiff homeowners association brought an action to enforce a restrictive covenant against defendant resident. The Circuit Court of Albemarle County (Virginia) granted partial relief but refused to grant an injunction prohibiting the resident from parking a wrecker in his driveway. The homeowner's association appealed.

The resident contended that the homeowners association waived the restrictive covenant because it permitted other residents to park pickup trucks in the subdivision. The homeowners association contended that the resident's truck was a commercial vehicle while the pickup trucks were private vehicles.


  • The court held that all trucks were subject to the restriction but that the homeowners association did not waive the restriction because the failure to enforce the restriction against the pickup trucks did not reduce the value of the covenant. 
  • The court held that the resident could be enjoined from parking within the subdivision but it could not restrict parking on an adjacent state road.

The court reversed, in part, and remanded for the trial court to enter an order enjoining the resident from parking his wrecker within the subdivision.

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