Contract – Real Property – Declaration of Covenants – Architectural Design Guide – Landscaping Changes

Contract – Real Property – Declaration of Covenants – Architectural Design Guide – Landscaping Changes (access required)

Fragale v. Hutchinson Although plaintiffs contend that their community’s Architectural Design Guide is enforceable as a contract, plaintiffs did not include the Guide or the community’s Declaration of Covenants in the record on appeal. Furthermore, the complaint alleges that the board of directors of the community’s homeowners’ association is responsible for the enforcement of the Declaration of Covenants; this leads to an inference that the Guide is not intended as a contract between persons residing in the community.

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