Candlelight Hills Civic Ass'n, Inc. v. Goodwin

OPINION

DRAUGHN, Justice.

Appellant Candlelight Hills Civic Association, Inc., a subdivision homeowners association, appeals the trial court’s declaratory judgment which narrowly construed the subdivision’s restrictive covenants. The lower court ruled that the restrictive covenants under which appellant collects a maintenance fund were unambiguous. In this regard, it excluded parol evidence which was offered to prove the intent allegedly expressed in the covenants. The court then found that the language of the restrictive covenants did not permit use of the maintenance fund to acquire real…