Orchid Lake Village Homeowners Ass'n v. Howell

OPINION OF THE COURT

W. LOWELL BRAY, JR., Circuit Judge.

The plaintiff, ORCHID LAKE VILLAGE HOMEOWNERS ASSO*59CIATION, INC., sued the defendants, JOHN F. HOWELL and JANET L. HOWELL, to enforce a deed restriction which applies to the defendants’ property and states:

“8. No fences shall be erected or maintained on any lot or lots which shall be in excess of four (4) feet in height, except hedges of shrubbery, which shall not exceed an average height of five (5) feet. Said fences shall conform and be in keeping with the type of structure and architectural design of the house to which it is appurtenant…