Adams v. Kimberley One Townhouse Owner's Ass'n

J. JONES, Justice.

Virgil Adams appeals the district court’s order granting summary judgment in favor of Kimberley One Townhouse Owner’s Association, Inc. (Association). Adams purchased a townhouse, subject to a declaration of covenants, conditions, and restrictions (1980 Declaration) that did not specifically restrict an owner’s ability to lease his or her unit. Subsequently, the Association amended the 1980 Declaration to provide that an owner could not rent a unit for a period of less than six months. Adams argues the amendment constitutes an invalid restraint on the free use of his land…