Ashcreek Homeowner's Ass'n, Inc. v. Smith

OPINION

OLIVER-PARROTT, Chief Justice.

This is an appeal from a take-nothing judgment in a homeowner association’s suit to enforce certain deed restrictions. We affirm.

Background

The appellant, Ashcreek Homeowner’s Association, Inc. (“Ashcreek”) filed suit against the appellees, Michael Wayne Smith and Tze-na Lynn Smith (collectively, “the Smiths”) in 1991, seeking damages and attorneys’ fees for violations of Ashcreek’s deed restrictions. Specifically, Ashcreek alleged two violations: the absence of a backboard on the Smith’s basketball goal, and a broken fence slat.

The suit was tried to the…