Penny Creek Associates, LLC v. Fenwick Tarragon Apartments, LLC

In this declaratory judgment action to determine the parties’ rights under a declaration of covenants and restrictions, Penny Creek Associates appeals the master-in-equity’s order granting summary judgment to Fenwick Tarragon Apartments- and Trademark Properties (collectively, “Fenwick Tarragon”). Penny Creek argues the master erred in deter*269mining Fenwick Tarragon’s conversion of apartments into condominiums did not require Penny Creek’s prior approval pursuant to the covenants and restrictions. We affirm.1

FACTS

The underlying facts are not disputed. Penny Creek owned and developed property…