Brandt v. R&R Mtn. Esc.

Summary

The Court held that the Declaration, read as a whole, unambiguously prohibits R&R’s short-term commercial rentals because the covenants require country residential living, prohibit commercial uses and nuisances, and limit dwellings to private single-family residences. Although the District Court incorrectly imposed a 30-day minimum occupancy requirement and mistakenly found an ambiguity, its judgment barring the rentals was correct. The Court also held that the District Court did not abuse its discretion by denying the Neighbors attorney fees.