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
- Do our covenants limit household composition or only dwelling structure type?
- How do we evaluate licensed residential care uses in single-family homes?
- Are we seeking injunctions that treat occupancy composition as a structural violation?
Questions for a lawyer
- Does this covenant restrict structure, use mode, or household composition?
- How does Colorado's strict construction of building restrictions apply?
- What fair-housing overlays affect group-home enforcement?
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._
General information, not legal advice. Outcomes turn on facts and current law.