Raintree of Albermarle Homeowners Association Inc. v. Jones

413 S.E.2d 340 (1992)

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Raintree of Albermarle Homeowners Association Inc. v. Jones

Virginia Supreme Court
413 S.E.2d 340 (1992)

Facts

Charles Jones (defendant) owned property in a subdivision. The subdivision was governed by the Raintree of Albermarle Homeowners Association (Raintree) (plaintiff). The subdivision was also subject to a restrictive covenant. Under this restrictive covenant, residents were required to garage (1) buses, commercial vehicles, or motor homes parked on their property at any time and (2) “trucks of any nature” that were parked on the property overnight. Jones bought a commercial tow truck, also described as a small wrecker, and parked it in the open on his property. Raintree sued to enjoin Jones from continuing to park this tow truck on his property. Jones contended that Raintree had waived its right to enforce the restrictive covenant because Raintree had failed to enforce it against two other homeowners, Nicely and Powell, who occasionally parked utility-company pickup trucks in the open on their respective properties. The trial court held that although Jones had violated the covenant, Raintree could not enforce it because Raintree had not enforced it uniformly against other subdivision owners. Raintree appealed.

Rule of Law

Issue

Holding and Reasoning (Hassell, J.)

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