Estates at Prairie Ridge Homeowners Ass’n v. Korth
Annotate this CaseThe Supreme Court reversed the judgment of the district court decreeing that a residence be repainted from a blue color to an earth tone after the homeowners association sued to enforce restrictive covenants. The Homeowners appealed, arguing that the plain language of the restrictive covenants did not control the color of repainting. The Supreme Court agreed, holding (1) the restrictive covenants at issue were not ambiguous and did not apply to the Homeowners’ repainting of their residence; and (2) the Homeowners did not, therefore, violate any restrictive covenants when they repainted their residence without first seeking and acquiring approval from the developer.
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