Westmoreland Ass'n, Inc. v. West Cutter Estates Ltd.
Supreme Court of New York, Appellate Division
173 A.D.2d 144 (1992)
About 320 residential lots were subject to a covenant requiring 20-foot front setbacks; when West Cutter (defendant) sought to build homes with only 15-foot setbacks, the area's homeowners association, Westmoreland (plaintiff), whose membership was automatic for area residents, sued to enjoin construction. The trial court ordered a halt to construction, and West Cutter appealed, arguing Westmoreland lacked standing because it held no ownership interest in the burdened properties, meaning no privity of estate.
Whether a homeowners association has standing to sue to enforce a restrictive covenant on behalf of its members despite lacking privity of estate through direct property ownership.