RESTRICTIVE COVENANTS & STATUTE OF LIMITATIONS - BEKKEN V. GREYSTONE RESIDENTIAL ASSOC., INC.
Bekken v. Greystone Residential Assoc., Inc., [Ms. 2150365, Sept. 16, 2016] __ So. 3d __ (Ala. Civ. App. 2016). The Court of Civil Appeals reverses an injunction granted by the Shelby Circuit Court to enforce residential restrictive covenants.
The court first determines the appeal was timely filed as required by Rule 4(a)(1), Ala. R. App. P., as the Shelby Circuit Court's judgment constituted a "terminal decision which demonstrates there has been a complete adjudication of all matters in controversy between the litigants" (Ms. *22-25), and the homeowner timely appealed in conformance with Rule 26(a), Ala. R. App. P. when he filed his notice of appeal the day after Martin Luther King, Jr.'s birthday. See § 1-1-4, Ala. Code 1975 (providing for the exclusion of the last day from the computation of time required by law if that day is a legal holiday). Ms. *24-5.
The court then determined that the six-year statute of limitations set forth in § 6-2-34(6), Ala. Code 1975, was applicable to actions to enforce restrictive covenants (Ms. *26-27), and since the homeowners association's action was not commenced within six years of the date when the homeowner began making improvements without an approved plan from the homeowner's association, the applicable limitations period had expired, requiring the Shelby Circuit Court's judgment to be reversed and the cause remanded to allow the circuit court to make additional factual determinations from the evidence already presented. Ms. *26-31.
Related Documents: Bekken v Greystone Residential