In Oakwood Meadows Homeowners Association v Urban, the declaration of restrictions for this residential subdivision contained a provision that "No building or structure shall be erected, altered, placed, or permitted to remain upon any lot other than one detached one family dwelling not exceeding two stories in height. . . . No outbuildings, sheds, detached garages or the like shall be erected, placed or permitted to remain upon any lot.” The lot owners erected a pump house to shelter their pool pump. The association filed suit seeking removal of the shed. The trial court ruled in favor of the lot owners.
On appeal, the court of appeals reversed, finding that the pump house was a clear violation of the restrictions, and remanded the matter to the trial court for entry of an order requiring the property to be brought into compliance with the restriction.
If there is a clear violation of restrictive covenants, the courts will enforce them, without a balancing of the equities.