Stevens v. ELK RUN HOMEOWNERS'ASS'N, INC.

KITE, Justice.

[¶ 1] Burton Stevens placed a portable hot tub on the exterior deck of his townhouse without the express consent of the management committee of the Elk Run Homeowners’'Association (the Homeowners’ Association). ' The covenants which applied to the townhouse development required approval of the Homeowners’ Association for placement of items' within the common areas. The Homeowners’ Association filed suit against Mr. Stevens seeking to have the hot tub removed. The district court ruled, as a matter of law, that the restrictive covenants encumbering Mr. Stevens’ property prohibited…