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Rice v. Lost Mountain Homeowners Assoc. Inc.

The plaintiffs' 11-foot-high white vinyl fence violated the restrictive covenants applicable to their house.

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J. Andrew Rice and Kathryn W. Rice, who are pro se appellants, own a home in the Lost Mountain Township subdivision, which was developed in three phases; they lived in Phase III. They appeal from a final injunction brought against them by the Lost Mountain Homeowners Association, Inc. “LMHA” for constructing and maintaining an eleven-foot-high white vinyl stockade type fence in violation of restrictive covenants applicable to their house. The Rices challenge the standing of LMHA and of the applicability to them of the restrictive covenants. Finding no error, we affirm. LMHA created under its bylaws the Architectural Control Committee for the Lost Mountain Township subdivision “ACC”. On June 8, 1989, the original developers created LMHA, which the Rices contend was only for Phase I. On May 15, 1987, the Rices contend that the developers created Lost Mountain Township Association, Inc. “LMTA” to govern the covenants for Phase II and Phase III. In October of 2000, the Rices created as the sole owners, officers, and shareholders a rival Lost Mountain Township Homeowners Association, Inc. “LMTHA”. However, in 1996, by a majority vote of all lot owners in the entire Lost Mountain Township subdivision, including Phases I, II, and III, LMHA and its ACC were designated the governing entity for the Township.

The Rices purchased their lot in Phase III and throughout the period prior to the litigation, they acted as if LMHA and its ACC were the governing entities for the entire subdivision. They paid the assessed homeowner’s association dues to LMHA, attended LMHA meetings, and corresponded with LMHA. The Rices tendered their architectural submissions for review and approval by the ACC of LMHA. In 1999, as the governing entity for the subdivision, LMHA sold a parcel of land and distributed the proceeds to all residents of the Lost Mountain Township subdivision, which included the Rices.

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