Purpose, Not Style of Structure Determined Declaration Compliance
Facts: A homeowners association declaration permitted garages that are attached to a home, and accessory structures that are not used for storage and that are deemed acceptable by the design review committee. Two homeowners’ request to build a detached “garage” on their property was denied by the association because the declaration allowed only those garages that are attached to a house. The homeowners built the garage without the association’s approval. The association sent the homeowners a letter asking them to comply with the declaration.
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