Raintree of Albermarle Homeowners Ass'n Inc. v. Jones
Supreme Court of Virginia
413 S.E.2d 340 (1992)
Relevant factsFree
Jones (defendant) parked an ungaraged tow truck on his property in violation of a subdivision covenant barring overnight parking of any truck unless garaged; Raintree (plaintiff) sued to enjoin the violation, but the trial court held Raintree had waived enforcement because it had not enforced the covenant against two other homeowners who occasionally parked ordinary pickup trucks on their properties.
IssueFree
Whether the right to enforce a restrictive covenant can be lost by waiver.