In court, disputes over covenants in HOAs and condos are typically governed by the rules of equity. What this means is that courts are more inclined to consider fairness to the parties and certain outside factors than they otherwise would be in a straight breach-of-contract action. What this does not mean is that the law and the terms of the covenant go out the window and the court just tries to make things easier on everyone. The law still applies; outside considerations are just permitted as a factor. Read the entire article……………………………….
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