Mountain Park Homeowners Association, Inc., Respondent v. Paddy L. Tydings, Petitioners

Summary

The court affirmed the Court of Appeals' reversal of summary dismissal in the homeowners association's action to enforce an antenna restriction. It held that the declaration's unambiguous severability clause required separate treatment of each covenant, making violations of unrelated covenants irrelevant to the defendants' abandonment or selective-enforcement defense. The court also rejected the defendants' procedural challenge because the association's appellate assignment of error sufficiently encompassed the trial court's earlier interlocutory ruling.