Powell v. Shumann Investments, Inc.

This is an appeal by homeowners who successfully enforced restrictive covenants in their subdivision deed and were denied an award of attorneys fees in spite of the fact that the “Declaration of Restrictions” expressly provided for such an award in favor of enforcing parties.

We hold that by accepting a subdivision deed which embodies a provision for attorney’s fees for enforcement of restrictions contained therein, the buyer becomes contractually bound to abide by its provisions, and the trial court was obliged by the contract to assess attorney’s fees and costs in favor of the enforcing…