Nelle v. Loch Haven Homeowners' Association, Inc.
Florida Supreme Court
413 So. 2d 28 (1982)
Lots in the Loch Haven Subdivision were sold subject to recorded restrictive covenants that ran with the land and were enforceable by any subdivision landowner, though the deeds also reserved for the developer a right to modify the restrictions. A landowner (plaintiff) sued to enforce the covenants with a permanent injunction, and the court of appeal ruled the landowner had authority to do so; the defendant appealed, arguing the developer's reserved modification power meant there was no true common plan for a remote grantee to enforce.
Whether a developer's reservation of a right to modify subdivision restrictions negates the existence of a common, uniform building plan and thereby prevents a remote grantee from enforcing the restriction.