Wilson v. Playa De Serrano

OPINION

HOWARD, Presiding Judge.

¶ 1 Appellant William Wilson challenges the trial court’s grant of summary judgment to his homeowners’ association, appellee Pla-ya de Serrano, in his declaratory judgment action. He claims the trial court erred in finding that Playa de Serrano’s bylaws amendment was sufficient to impose a requirement that his townhouse be occupied by a person fifty-five years of age or older. Because we find Playa de Serrano lacked the contractual right to impose this restriction on Wilson’s townhouse, we reverse the judgment.

¶ 2 When reviewing a grant of summary judgment, we…