Legal Opinion

Sainani v. Belmont Glen Homeowners Association

Supreme Court of Virginia

Decided August 26, 2019No. Record 181037Published

1Opinion of the Court

OPINION BY JUSTICE D. ARTHUR KELSEY

The trial court in this case awarded a monetary judgment, injunctive relief, and attorney fees and costs to Belmont Glen Homeowners Association, Inc. (the "HOA") in its suit against SanJay and Sona Sainani for *664 violations of the HOA's guidelines governing the use of holiday decorations. Because the court erred in finding that the HOA's seasonal guidelines were enforceable under the HOA's declaration of restrictive covenants, we reverse the court's judgment and its ancillary award of attorney fees and costs, and we remand this case for further proceedings…

2Cases cited8 opinions

  1. Commonwealth v. WhiteSupreme Court of Virginia · 2017
  2. Third Nat. Bank in Nashville v. Impac Limited, Inc.Supreme Court of the United States · 1977
  3. Martin v. CommonwealthSupreme Court of Virginia · 1982
  4. Tvardek v. Powhatan Vill. Homeowners Ass'n, Inc.Supreme Court of Virginia · 2016
  5. Scott v. WalkerSupreme Court of Virginia · 2007

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