interpreting governing documents

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Principles

  • Restrictive covenants are to be interpreted using the same rules of construction used to interpret contracts.
  • Strict construction of restrictive covenants is

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Statutes and Cases:

(For reference: 57-8 is the Condo Act, 57-8a is the Community Association Act, 16-6a is the Nonprofit Act)

57-8-13. Condominium plat to be recorded
57-8-28. Exemption from rules of property
B. Investment LC v. Anderson (plat v CC&Rs, unit definition) '12
Dansie v. Hi-Country Estates HOA (recording & notice of covenants, merger, general plan or scheme) '99
Fort Pierce v. Shakespeare (CC&Rs not strictly construed) '16
Lodge at Westgate Park City v. Westgate Resorts (standing to represent owners, promissory estoppel, ratification, common area definition)
Rapoport v. Four Lakes Village (ARC review, requiring neighbors' consent for an improvement, attorney fees) '13
South Ridge Homeowners' Assoc v. Brown (interpreting documents, short term rentals) '10
Swenson v. Erickson (abandonment, architectural review) '00
Swenson v. Erickson (amending covenants) '07
Turner v. Hi-Country HOA (paying assessments when no benefit received) '96
Vanderwood v. Woodward (abandonment, CC&R interpretation, injunctive relief) '19
View Condo Ass'n v. MSICO (developer amendments, plat amendments, takings) '05
Workman v. Brighton Properties, Inc. (paying assessments when no benefit received) '99