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In a case involving covenants, condition and restrictions (CC&Rs), trial court's judgment granting homeowner's motion for summary judgment is reversed where, while the plain language of the CC&Rs could support either of the proffered interpretations, the circumstances of the creation of the CC&Rs indicate that general responsibility for landscape is assigned to the Association, but specifically provide that individual property owners will be responsible for drainage facilities and here, the homeowner cannot avoid that responsibility solely because the V-ditch on her property happens to also coincide with the landscape maintenance area.
Filed September 3, 2009
Opinion by Judge Miller
For Respondent: Stephanie K. Hunter-Bloor, Law Office of John Scott Carter.