In 2016, Plaintiff sent Defendants a letter telling them that the dog-breeding building (“kennel”) they built violated the restrictive covenants of the Texas association. The restrictions had been recorded in 1981. The letter stated that the kennel constituted a “noxious or offensive activity.” Defendants tried sound proofing the kennel in response. Plaintiff’s then sued seeking a declaration that the restrictions were valid and enforceable. Defendants pled waiver and abandonment.
Question/Issue for the Court to Answer
Whether or not the restrictions were enforceable.
Continue Reading GOOD BYE: Association Who Fails to Enforce Covenants Loses Right to ENFORCE