The Villages of Cool Springs Homeowners Association, Inc. v. William Goetz

Syllabus

In this dispute between Appellant, homeowner, and Appellee, homeowners' association, the trial court granted Appellee's motion for summary judgment. Appellant's property is bound by a declaration of covenants, conditions, and restrictions. Appellant painted his home's trim without first seeking approval from the homeowners' association in violation of the declaration. Appellant failed to meet his burden of proof to show a dispute of material fact regarding his affirmative defenses. As such, the trial court did not err in granting the Appellee's motion for summary judgment, nor in awarding attorney's fees to Appellee under the declaration. Affirmed and remanded.