Double D Manor, Inc. v. Evergreen Meadows Homeowners' Ass'n

Jefferson · CO · Supreme Court of Colorado

Member win · fair-housing

What happened

Nonprofit Double D Manor operated state-licensed residential child-care group homes for developmentally disabled children in two single-family houses in Evergreen Meadows (Jefferson County). The homeowners association obtained an injunction treating the use as violating a covenant that sites shall be 'for residential use only, with only one single-family dwelling permitted on any site.' The court of appeals affirmed. The Colorado Supreme Court reversed, construing the covenant to restrict structure type (single-family dwelling), not household composition, and holding the licensed group homes in single-family dwelling structures did not violate the covenant.

What the court (or agency) held

A covenant stating sites shall be 'for residential use only, with only one single-family dwelling permitted on any site' restricts structure type (single-family dwelling), not household composition. Construing building restrictions strictly against the limitation, the Colorado Supreme Court held licensed group homes for developmentally disabled children in single-family dwelling structures did not violate the covenant. It reversed the court of appeals' affirmance of an injunction barring that residential group-home use.

Why this matters for members

Single-family dwelling covenants are often about building form. Residential group homes in otherwise compliant houses may not violate 'residential use / single-family dwelling' text when construction is against the restriction.

What the member did

Defended the homes as residential single-family dwellings and sought Colorado Supreme Court review of the covenant interpretation.

Questions for the board

Questions for a lawyer

Citation

Double D Manor, Inc. v. Evergreen Meadows Homeowners' Ass'n, 773 P.2d 1046 (Colo. 1989) (1989-04-24). Supreme Court of Colorado. Outcome chip: fair-housing hub / secondary. Source: https://case-law.vlex.com/vid/double-d-manor-inc-v-895527573

_General information, not legal advice. Outcomes turn on facts and current law._

Source opinion

General information, not legal advice. Outcomes turn on facts and current law.

Not a law firm. Not legal advice. Confirm this against your documents and your state’s law.