The Sebastian Cove Homeowners Association, Inc. SCHA sued Jim Sellers and the Airstrip Homeowners Association, Inc. AHA for declaratory judgment and injunctive relief. SCHA’s complaint is that Sellers intends to construct an airport hangar on a lot within Sebastian Cove Subdivision, that restrictive covenants referred to as the Sebastian Cove Covenants the Covenants require Sellers to obtain SCHA’s approval, and that Sellers does not intend to seek such approval. Sellers’s argument is that use of his lot is governed by a set of covenants referred to as the Airstrip Covenants and that AHA, which is responsible for their enforcement, has approved his plans to construct the hangar. The trial court held that Sellers’s property is subject to both sets of covenants and granted SCHA’s requests for declaratory and injunctive relief. We agree and affirm.
Sebastian Cove Subdivision is a residential subdivision originally developed by Middle Georgia Woodlands, Inc. on Sections 1 and 2 of tracts collectively referred to as the Middle Georgia Property. In 1986, the developer recorded the Sebastion Cove Covenants and made them applicable to Sections 1 and 2. In the Covenants, the developer reserved the right to subdivide additional portions of the Middle Georgia Property and subject such subdivided property to the Covenants. The Covenants require that all lots be restricted exclusively to single-family residential use and provide that no structure shall be placed on any lot unless plans and specifications have been approved by SCHA’s Architectural Control Committee. “Structure” is defined as “anything or object the placement of which upon any lot may affect the appearance of such lot.” The Covenants set forth a non-exclusive list of structures, such as garages, gazebos, sheds, patios, swimming pools, and driveways. The Covenants also allow an “accessory structure” to be constructed on a lot concurrently with or subsequent to the construction of a dwelling with the approval of the Architectural Control Committee. The Covenants do not define the term “accessory structure,” but state that “a detached accessory structure may be placed on a lot to be used for a playhouse, a swimming pool, tennis court, a tool shed, a mail box, a dog house or a garage.”
