Kiekel v. Four Colonies Home Association

The Four Colonies subdivision's declaration governed property rights and use restrictions (amendable only by supermajority), while its bylaws covered procedural matters (amendable by simple majority); the declaration neither expressly prohibited nor permitted renting, and owners had rented units since the subdivision's founding. After neighbors complained about the Kiekels' (plaintiffs) rental tenants, the Association (defendant) — having earlier withdrawn a similar 1997 proposal as conflicting with the declaration — passed a 2004 bylaws amendment restricting rentals after a change in ownership; the Kiekels sued to void the amendment, and the Association counterclaimed for an injunction based on the declaration's noxious-activity and commercial-use restrictions.