Reiner v. Ehrlich

A homeowners' association had discretionary power under a subdivision's restrictive covenants to grant or deny requests for variances from those covenants. Randall and Orna Reiner (plaintiffs) asked for a variance to install asphalt roofing, which the association denied. The Reiners sued the association and Clifford Ehrlich and other individual board members (defendants), seeking a declaratory judgment and relief from the subdivision's architectural restrictions entirely. The trial court dismissed the individual defendants and granted summary judgment for the association, and the Reiners appealed.