![]() Now that paragraph was obviously written by a lawyer, but this case also helps demonstrate why lawyers sometimes have to write that way: Despite the clear intention of the drafter to limit the density of the community, here we have an owner expressly arguing that they did not understand that intent. The land included in said tract except as hereinafter provided shall be used for private residence purposes only and no building of any kind whatsoever shall be erected or maintained thereon except private dwelling houses each dwelling being designed for occupation by a single family and private garages for the sole use of the respective owners or occupants of the plots upon which such garages are erected there shall not be erected or maintained on said tract of land an apartment house or house designed or altered for occupation by more than one family and no more than one family. ![]() The Hampton Improvement Association imposed recorded restrictive covenants upon each lot within the association. So when an association is trying to determine if they have the right to enforce a certain covenant, the test used by the Court in Shader should assist them in their decision. Decided by the Court of Special Appeals in 2014, this case constitutes binding precedent upon trial courts throughout Maryland. outlines some important points that courts will consider. Facts of the CaseĪssociation boards can avoid waiving their rights by paying attention to what courts have said on the subject. These include the concept of waiver: the party to a contract can nullify one of its provisions or give up their rights under the contract by certain actions. Because they are contracts, certain rules of contract interpretation apply. ![]() They bind the owner and the association, and require both sides to do or refrain from doing certain things. Covenants that exist in homeowners associations and condominiums are nothing more than contracts.
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