Sailor Tin Nyanko
She could end this with... I don't know paint pricing... 20-50 dollars?
But she wants to drag this out for hundreds of dollars in court cost. Maybe thousands.
Well, a judge won't be moved by the 'aw gee, poor little granddaughter' factor.
He will look at the contract she signed and see if it requires pre-approval by the board of paint colors for structures. Since she is disputing the 'structure' angle he will then likely look at that and determine it is indeed a structure since, regardless of intended use, it is very similar to a garden shed or other structure that even the lady agrees falls under the covenant. The lady will likely end up paying the legal fees of both parties (a common provision in such covenant agreements). There is even the chance of being slapped with frivolous lawsuit since a person on the board should be well aware of the rules.
I am personally glad I live on private acreage with no covenants but I understand the concept behind them. Prior to buying my property it was the 'black sheep' of my neighbors. The previous owners (who lost the property to the bank for non-payment) left 17 dead vehicles, piles of trash, six used burn barrels full of junk, a large shop covered inside with junk and spilled motor oil on the floor, various 'junk' left in the yard (11 bowling balls, a cordless phone, shoes, etc.) I'm told at one point they had over 50 cars on the property. Kind of extreme compared to what someone would do in a housing development but I've seen houses in developments that were a miniature version of that.
And closer to this article regarding paint color - there are a few houses around town that are just hideous colors that make you say OMG when you drive by and make you wonder about the mind of the owner who would choose such colors. That could have a real effect on potential buyers of the houses next door to them.
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