Arthur v. Surrey at Manchester Lakes

By Judge Thomas S. Kenny

This case involves the enforceability of a rule adopted by the board of directors of Surrey at Manchester Lakes, a condominium in Fairfax County. The rule in question requires window coverings on all unit windows and further requires that the surface of such window coverings that is visible from the street be white or off-white in color.

The complainant, Ms. Arthur, purchased her unit in 1987 and, shortly thereafter, installed rose-colored drapes in her windows. At the time, the rule requiring white window treatments had not been adopted but was included in the public…