Village Gate Homeowners Ass'n v. Hales

We decide in this chancery proceeding whether there has been a waiver of the right to enforce a restrictive covenant affecting real property.

Appellant Village Gate Homeowners Association, a corporation charged with the duty to enforce the covenants, conditions and restrictions in Village Gate, a residential subdivision in Prince William County, brought this suit in equity against appellee Carole Nixon Hales, a fee-simple owner of a row townhouse in the development. Plaintiff sought to have an order entered requiring that defendant remove a front-yard wall or fence which had been constructed…