Mariners Cove Beach Club, Inc. v. Kairez

The appellants, Philip and Carolyn Kairez, built a dock without first obtaining approval of the architectural control committee of the Mariners Cove Beach Club. The Club’s covenants require that the committee’s approval be obtained before building a dock, but also provide that if no suit is brought to enjoin construction prior to completion of the improvement in question, approval is not required. We hold the Club waived its right of approval because it did not sue until three months after the Kairezes finished building their dock.

The Kairezes purchased waterfront property at Mariners Cove on…