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Bryan v. MBC Partners LP

Homeowner was properly enjoined from hanging a sign on his property that read, "Before You Buy A Home In Here PLEASE See US" because the sign violated the restrictive covenants applicable to the homeowner's property.

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Plaintiff MBC Partners, L. P. petitioned the superior court to enjoin Skyler D. Bryan from maintaining on his residential property a sign alleged to violate the terms of restrictive covenants contained in a recorded Declaration of Covenants, Conditions and Restrictions, until such time as Bryan obtained the written permission of the Architectural Control Committee ACC of the Homeowners’s Association. A Temporary Restraining Order TRO entered with notice immediately enjoined Bryan from placing any signs on his property and further ordered the removal of any existing signs.

Bryan admitted that the Declaration of Covenants dated December 5, 1995, was recorded, but denied that his property was subject to them, or that he had violated them by failing to get prior written permission, contending there “was no Architectural Control Committee until after the filing of this lawsuit.”

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