Pandharipande v. FSD Corp.
Annotate this Case
The Supreme Court affirmed in part and reversed in part the decision of the court of appeals affirming the order of the trial court granting summary judgment in favor of a homeowners' association (HOA) in this dispute between the HOA and a property owner, holding that the property owner was prohibited from using his property as a short-term rental.
Plaintiff purchased a home in a vacation community with the intention to use it as a short-term rental. While at the time of purchase the property was subject to covenants requiring that the home be used for "residential and no other purposes," several years later the covenants were amended to allow leases with minimum lease terms of thirty days. Because Plaintiff continued to lease his property for terms of fewer than thirty days the HOA notified him that he was in violation of the amendments. Plaintiff responded by bringing this lawsuit seeking a declaratory judgment that he was not prohibited from using his property as a short-term rental. The HOA counterclaimed for declaratory and injunctive relief. The trial court granted summary judgment for Defendant. The court of appeals affirmed. The Supreme Court reversed in part, holding (1) the HOA's covenants did not prohibit his short-term rentals; but (2) the amendments prohibited Plaintiff's short-term rentals.
Court Description: Authoring Judge: Justice Sarah K. Campbell
Trial Court Judge: Judge Jonathan L. Young
This case arises from a dispute between a property owner and his homeowners’ association. The property owner, Pratik Pandharipande, purchased a home in a vacation community on a Tennessee lake, intending to use it as a short-term rental. At the time of the purchase, the property was subject to covenants requiring that the home be used for residential and no other purposes. The covenants were amended several years later to allow leases with minimum lease terms of thirty days. Pandharipande contends that neither the original covenants nor the amendments prohibit him from leasing his property for short terms of two to twenty-eight days. His homeowners’ association disagrees on both scores. We agree with Pandharipande that the original covenants requiring residential use of the property do not bar his short-term rentals, but we agree with the homeowners’ association that the amendments do. The trial court granted summary judgment in favor of the homeowners’ association based on both the original covenants and the amendments. The Court of Appeals affirmed. We affirm the Court of Appeals in part, reverse in part, and remand for further proceedings consistent with this opinion.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.