When reviewing a summary judgment, an appellate court engages in the same inquiry as the trial court. Questions of law are reviewed de novo.
Property owners have a right in equity to enforce restrictive covenants.
Abandonment of a restrictive covenant occurs only when prior violations by other residents have so eroded the general plan that the enforcement of the covenant would be useless and inequitable. The violations must be multiple, more than minor, and material to the overall purpose of the covenant. An appellate court may uphold a judgment based on any theory established by the pleadings and supported by the proof. Restrictive covenants are interpreted to carry out the intent of the parties as evidenced by the language of the document in its entirety. Only if the language is unclear and ambiguous may the court look to the surrounding circumstances to ascertain the parties' intent.