Barefield v. Lafayette Oaks Homes Ass'n

I respectfully dissent. In granting the respondent’s motion to dismiss, the county court interpreted the applicable provisions of the declaration of covenants and restrictions of the Lafayette Oaks Homes Association, Inc., as follows:

The covenants and restrictions run with the Plaintiff’s land and leave descretion [sic] in the Defendant to enforce the covenants should the Defendant so choose. If the Defendant declines to enforce or waive the covenants and restrictions then the individual property owners may do so at their own expense.

By dismissing the complaint, the court was necessarily…