I SIT ON MULTIPLE BOARDS. THIS IS A WIN FOR ALL HOMEOWNERS
This is an Order imposing $164,000.00 in attorney’s fees against Thomas Homes, a builder who unsuccessfully challenged a Home Owner’s Association’s rejection of his plans. The plans were rejected for two reasons: (1) all of the information that the Association required be submitted had not been submitted (i.e., application incomplete), and (2) what had been submitted contained door heights, roof pitch, and other items that violated the covenants and declarations. Thomas Henry (the builder) claimed that the plans had been wrongfully rejected.This case illustrates that our courts will enforce covenants and declarations as written, and that a builder who causes the Association to incur substantial attorney’s fees and costs will, at the end of the day, be responsible for those fees and costs.