Morgan Woods Homeowners’ Ass’n v. Wills, 2012 Ohio 233 (Ohio Ct. App. 2012)

(homeowners appealed magistrate court decision finding the chain link fence built on their property was in violation of homeowners’ association building and design specifications; on appeal, homeowners allege association’s standards were ambiguous and the design for the chain link fence was not rejected within 14 days as required under the association’s covenants, so the homeowners were justified in believing the fence had been approved; court rejected all arguments finding the restrictive covenants were enforceable; homeowners had notice their fence plans had been rejected, and homeowner’s decision to build unapproved fence violated covenants; court also upheld award for attorney fees for association because covenants specifically allowed for recovery of attorney fees in enforcement of violations; lower court affirmed on all counts).

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