Enforcement of Restrictive Covenants

Raintree Homeowners Ass’n, Inc. v. Bleimann, 116 N C. App. 561, 449 S.E. 2d 13, (1994) rev 342 N. C. 159, 463 S.E. 2d 72 (1995)

 This case was tried by Attorney Dave Bland in Mecklenburg County before a jury as an action by the homeowners association to enforce restrictive covenants in the Raintree Planned Unit Development and to require the homeowner to remove vinyl siding which was installed without the approval and over the objection of the architectural review committee. The jury found against the homeowner’s association and the North Carolina Court of Appeals in a unanimous decision affirmed the trial court’s judgment. The firm continued to fight for the right of the homeowners association to enforce its covenants and persuaded the Supreme Court to grant discretionary review of the Court of Appeals’ decision. The Supreme Court in a unanimous decision reversed the Court of Appeals and remanded the case back to the trial court with instructions to enter a directed verdict for the Plaintiff homeowners association.

Read More