Carpenter v. Southbay Homeowners Association

Summary

The North Dakota Supreme Court affirmed summary judgment for Southbay Homeowners Association, holding that the development restrictions permitted the Architectural Review Committee to distinguish partial from full metal roofing and that a full metal roof violated the restrictions as interpreted by the Committee. The court further held that the declaration's no-waiver provision applied to the unremedied full-metal-roof violations and that Carpenter failed to establish waiver of either the roofing restriction or the no-waiver provision. The court denied Southbay's request for costs and attorney's fees because the appeal was not frivolous.