First Hyland Greens Ass'n v. Griffith
In First Hyland Greens Ass'n v. Griffith, 618 P.2d 745 (Colo. Ct. App. 1980), the covenants mandated that all plans be submitted to an architectural control committee for approval. Id. at 746. One covenant prohibited the construction of more than one single family residence per lot. Id. The Griffiths had submitted plans to the committee for a swimming pool, fence, and pool house on their lot. Id.
The committee approved the plans for the pool and the fence, but asked for more complete plans for the pool house. Id. The Griffiths proceeded with construction and submitted revised plans, at which point the committee disapproved plans for the pool house based on the single-family-home limitation and on the size of the pool house. Id. at 746-47.
In an action to enjoin construction of the pool house, the Griffiths contended that the association was estopped from obtaining equitable relief by virtue of the initial approval and request for further pool house plans. Id. The trial court granted the association's motion for summary judgment, holding that the Griffiths were not entitled to rely on the initial approval as authorization for the pool house they began to construct. Id. at 747. The Colorado Court of Appeals upheld the trial court's decision that the initial authorization did not permit the type of pool house the Griffiths had begun to construct. Id.
But the court concluded a genuine issue of material fact existed as to whether the initial approval could "be construed as authorizing a pool house of some type containing a dressing room, and whether the Griffiths reasonably relied on the letter to that extent." Id.