CASE: Castlewood Property Owners Association, Inc. v. Leticia Guerra-Danko

CASE- Castlewood Property Owners Association, Inc. v. Leticia Guerra-Danko Indiana real estate law jeff jinks law

Leticia Guerra-Danko added siding to her home before obtaining approval from the Architectural review Committee (ARC) which is located in the Castlewood subdivision.

She was replacing it because of termite damage. ARC refused to approve the siding. Since 1998 vinyl or aluminum siding has been prohibited. However new homeowner were not given this explanation in writing. Guerra-Danko purchased her house in 2009 and refused to remove the siding. She had selected siding that was molded from cedar clapboards, but evidently is classified as vinyl siding.

The trial court ruled in favor of Guerra- Danko.

The court determined that the Plaintiff (Castlewood Subdivision) failed to prove by a greater weight of evidence that the covenants are unambiguous and/or do not violate public policy. The Appeals Court Affirmed the Trial Courts decision.

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