Covenant Enforcement: Height Restriction Upheld

Greenbank Beach & Boat Club, Inc. v. Bunney, No. 66308-9-1, Wash. App. Ct., May 29, 2012.

In this case, the association brought suit against Bunney for violating a 15’ maximum height restriction on dwellings within the neighborhood. Bunney submitted building plans for a home six feet taller than the maximum allowed height and these plans were rejected. In spite of this and further attempts by the association to bring him into compliance, Bunney constructed the home as planned.

At trial, Bunney argued that the association abandoned its right to enforce the height restriction by selectively enforcing it. He presented evidence that other homes in the association exceeded the height restriction.  The court determined that the association had not waived this restriction and further found that Bunney acted in bad faith by continuing to build a home that he knew was in violation without attempting to resolve the issue with the association.

As a result, Bunney was ordered to modify his home to comply with the 15’ restriction.

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