Adams v. Kimberley One Townhouse Owner's Association, Inc.Annotate this Case
Virgil Adams appealed a district court’s order granting summary judgment in favor of Kimberley One Townhouse Owner’s Association, Inc. Adams purchased a townhouse, subject to a declaration of covenants, conditions, and restrictions (1980 Declaration) that did not specifically restrict an owner’s ability to lease his or her unit. Subsequently, the Association amended the 1980 Declaration to provide that an owner could not rent a unit for a period of less than six months. Adams argued the amendment constituted an invalid restraint on the free use of his land and that he did not have notice of the possibility of such a restriction under the general provision allowing “amendment” in the 1980 Declaration. Finding no reversible error in the district court's decision, the Supreme Court affirmed.