HOA FAILURE TO ENFORCE COVENANTS TRIAL

HOA FAILURE TO ENFORCE COVENANTS TRIAL

The trial justice further reported that the DelFarno family had kept a miniature horse similar to the Mignaccas’ horse on their property, a fact that was known to at least one board member of the association, Laurie Biern (Biern).” He also noted that Rena Dressler (Dressler), the president of the association and one of the plaintiffs in the case, kept a snake and parrots in her home, in apparent contravention of covenant 8’s allowing only cats and dogs. The trial judge agreed, finding that “covenant 8 was enforced arbitrarily and therefore should not be enforced in this case.”Īs the Rhode Island Supreme Court explained: “Based on testimony and his viewing, the justice referred to numerous infractions of covenants in addition to those barred by covenant 8 - for example, the presence of freestanding garages, sheds and cabanas in Ridgewood Estates. The Mignaccas argued that the association should be barred from enforcing these restrictions because it permitted other homeowners to violate the covenants. Covenant 8 also prohibits kennels or other structures for animals. The Ridgewood HOA objected, arguing that a restrictive covenant governing the community prohibit livestock, poultry and other animals (except that each homeowner was permitted to have up to two dogs or cats).

With a 4 acre lot in Ridgewood Estates, the Mignaccas wanted to build a shelter for Sonny in the form of a 10-by-12-foot stable on their lot. 14).ĭavid and Kathy Mignacca bought a miniature horse. The question of law for the Rhode Island Supreme Court was, When does selective enforcement of restrictive covenants provide a defense? Ridgewood Homeowners Association v. They can often point to other situations where enforcement of the covenants has been lax.

When the homeowners association in a housing development files a lawsuit seeking to enforce a restrictive covenant, it isn’t unusual for the defendants to feel they are being unfairly singled out for harsh treatment.

Hoa failure to enforce covenants