Slaby v. Mountain River Estates Residential Ass'n

On Application for Rehearing

MOORE, Judge.

This court’s opinion of October 7, 2011, is withdrawn, and the following is substituted therefor.

Mark Slaby and his wife, Maria Slaby, appeal from a judgment of the DeKalb Circuit Court (“the trial court”) enjoining the Slabys from the short-term rental of their property, a lot on which a cabin is situated, based on its determination that short-term rentals are prohibited by a restrictive covenant burdening their property. We reverse.

Procedural History

On June 19, 2009, Mountain River Estates Residential Association, Inc. (“the Association”), filed a…