Merrionette Manor Homes Improvement Association v. Hed

136 N.E.2d 556 (1956)

Facts

Merrionette Manor Corporation subdivided property and recorded its declarations of covenants designed to preserve the plan of the subdivision. The covenant under dispute involved a restriction on the construction of a vestibule. The declaration further stated that in the event of the formation of a property owners association that the authority to enforce the restrictive covenants could be assigned to that association. The Merrionette Manor Homes Improvement Association (P) was formed and incorporated. P was the assignee of the declarant as to the right to bring an action to enforce the covenants. D purchased property in the subdivision, and the deed stated that the property was subject to the restrictive covenants referred to. D construed a vestibule in violation of the covenants. P sued D. The trial court dismissed the action and P appealed.