Association v. Hales

219 Va. 321. (1978)

VILLAGE GATE HOMEOWNERS ASSOCIATION

v.

CAROLE NIXON HALES

Record No. 770510.

Supreme Court of Virginia.

August 31, 1978.

John P. Milligan, Jr. (Smiley, Lear & Milligan, on brief) for appellant.

Denis D. McKenna (Dennis D. Duffy; Duffy & Brooks, on brief) for appellee.

Present: All the Justices.

Association has not waived restrictive covenant against front walls by approving side fences harmonizing with plan of development; association not estopped from disapproving harmonizing front walls by approving harmonizing side fences.

The owner of a row townhouse built a low brick wall around…