Covenants Conditions and Restrictions Appeal
In Horton v. Hartsook, et al., the Hortons brought suit to, among other things, stop Hartsook and several other owners from leasing their condominiums in Rainbow Cove, Pinetop Lakeside, Arizona on a short-term basis to vacationers. Horton claimed that short-term vacation leases were prohibited by the covenants, conditions and restrictions for the development.
Berk & Moskowitz defended the Hortons’ claims on behalf of the owners. The Navajo County, Arizona Superior Court ruled in favor of the owners and found that short-term vacation leasing was allowed. The Hortons appealed. The Arizona Court of Appeals affirmed the trial court’s ruling. The Court of Appeals concluded that the covenants were clear and unambiguous and that short-term vacation leasing was allowed in Rainbow Cove.
Read the Rainbow Cove Decision.
