Case Problem:
Plaintiff homeowners purchased a parcel of land in the homeowners association’s (HOA’s) subdivision. Their real estate agent requested the attached-garage requirement to be waived, and when the owners did not receive a response from the HOA, they worked out a plan to construct one. The owners purchased a modular home to which they could attach a garage without first obtaining an architectural review pursuant to a restrictive covenant in the HOA declarations. One member of the HOA unilaterally disapproved of the home. The owners fi led suit, and a meeting of the HOA was held regarding the owners’ home. However, the dispute was not resolved. Plaintiff homeowners then fi led a request for a permanent injunction to prevent the defendant homeowners association from applying the architectural review covenant that led to the disapproval of the owners’ planned home. The HOA counter-filed, seeking a permanent injunction upholding its application of the architectural review standards and seeking damages. On the basis of the facts presented, to whom do you think the court awarded a permanent injunction and why? [ Ronald Bobbie Lawhon v. Winding Ridge Homeowners Association, Inc., 2008 Del. Ch. LEXIS 195.]
Your answer must be, typed, double-spaced, Times New Roman font (size 12), one-inch margins on all sides, APA format and also include references.