EXAM#_____________
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Cadgene, Property I, Final, SPRING 2011
PART TWO: Two Essay Questions
QUESTION I
Suggested Time: 45 minutes
Villas West is a common interest development located in County Y, City Z,
governed by State X’s Common Interest Development and Condominium Act (the “Act”)
and consists of 100 residential lots developed by Ridge Properties, Inc (“Ridge). Before
selling any of the lots, Ridge recorded a declaration of conditions, covenants, and
restrictions (the “CC&R’s). The CC&R’s contemplated management of Villas West
through the Villas West Homeowner’s Association (the “Association”) which in turn was
managed by a board of directors (the “Board”). Ridge’s original development plan was to
build townhouses and sell the lots after they had been improved. As Ridge neared the end
of the Project, they decided to sell the last five available lots without improving them.
On April 10, 2005, Ridge sold Lot 98 to Gary Fish (“Fish”). Lot 98 was
unimproved. The Deed to Fish referenced the recorded CC&R’s. About one year after
acquiring Lot 98, Fish moved out of State X because of a change of employment. He
never submitted any plans for the development of Lot 98 and, because of his change of
employment, he decided to sell Lot 98. On April 25, 2009, Lot 98 was purchased by Gary
and Leslie Ford (the “Fords”). The deed from Fish to the Fords conveyed Lot 98 subject
to the conditions, covenants, and restrictions set forth in the recorded CC&R’s. Several
months after purchasing Lot 98, the Fords submitted plans for their proposed residence
for Board approval, as required by the CC&R’s. The Board approved the plans.
After building their residence, Leslie discovered that she was extremely allergic to
various grasses. There was talk of water rationing on the news because State X was in its
third year of a drought. She was also alarmed by her high water bills. The Fords decided
to redo their landscaping employing a landscape technique called “xeriscaping,” which
combines lush plants with Astro Turf. The Fords felt that their new landscaping was
allergy free, environmentally friendly, and substantially reduced their water bills because
all water for landscaping came from a 250 pound rain barrel. No City water was used for
landscaping. Some members of the Association have complained to the Board about their
use of Astro Turf.
Section 5 of the CC&R’s provides in part as follows:
“Every Owner shall be responsible for landscaping the front of their lot
with trees, plant material, decorative rocks, hardscape, and other
appropriate material to be in conformity and harmony with the design of
Villas West as may be reasonably determined by the Board. Every Owner
shall maintain the landscaping on their lot in a well kept condition
including but not limited to, keeping the landscaping free of weeds, trash,
and overgrown lawns.”
