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Apple Valley Garden Association, Inc. v. MacHutta

763 N.W.2d 126 (2009)

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Apple Valley Garden Association, Inc. v. MacHutta

Wisconsin Supreme Court
763 N.W.2d 126 (2009)

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Facts

Steven and Gloria MacHutta (defendants) developed the Apple Valley Gardens condominium complex. The complex was officially established with the recording of a declaration. The declaration restricted the condominium’s units to single-family residential use and provided that rentals by unit owners would not relieve the unit owners of obligations created under the declaration. The declaration did not contain any restrictions on rental of the units. However, the condominium’s governing body, the Apply Valley Garden Association, Inc. (the association) (plaintiff) later amended the bylaws to prohibit unit owners from renting to new tenants. Gloria attempted to lease her unit to a new tenant. The association filed an action in the circuit court, seeking a declaratory judgment that the bylaws were enforceable. The MacHuttas argued that the rental restriction was unenforceable because it was not found in the declaration. The court granted summary judgment in favor of the association. The court of appeals affirmed. The MacHuttas appealed to the Wisconsin Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Gableman, J.)

Dissent (Prosser, J.)

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