Rowley v. Marrcrest Homeowners' Ass'n, 17560

• Decision Date: 25 October 1982
• Docket Number: No. 17560,17560
• Parties: J. Howard ROWLEY and Nanette B. Rowley, his wife, Plaintiffs and Appellants, v. MARRCREST HOMEOWNERS' ASSOCIATION, John C. Woods, Clegg Construction Co., Inc.; and John Does I through XII, Defendants and Respondents.
• Court: Utah Supreme Court

Page 414

656 P.2d 414

J. Howard ROWLEY and Nanette B. Rowley, his wife, Plaintiffs and Appellants, v. MARRCREST HOMEOWNERS' ASSOCIATION, John C. Woods, Clegg Construction Co., Inc.; and John Does I through XII, Defendants and Respondents.

No. 17560.

Supreme Court of Utah.

Oct. 25, 1982.

David R. Olsen, Craig W. Anderson, Salt Lake City, for plaintiffs and appellants.

Ronald R. Stanger, Provo, for defendants and respondents.

STEWART, Justice:

Plaintiffs, Howard and Nanette Rowley, brought this action for damages and an injunction to prevent Marrcrest Homeowners' Association (hereinafter Marrcrest) from blocking Rowleys' access to their driveway. The trial court found that Rowleys' site plan for construction of their home and driveway had been approved upon the condition that they not use a specific Marrcrest common area for access to their driveway. The court ruled that the Rowleys had not complied with that condition, had an adequate remedy at law, and therefore were not entitled to an injunction. On appeal, the Rowleys seek reversal of the trial court's judgment.

Marrcrest is a planned unit development in which the developer sold individual lots in a plat approved by the city, rather than building all the houses himself. All property owners become members of the Marrcrest Homeowners' Association, which regulates development by requiring compliance with a set of restrictive and protective covenants and conditions. These covenants include plan approval before building, payment of annual assessments, and exterior maintenance of all buildings and grounds.

Marrcrest has thirty-foot wide streets, which are too narrow for parking. The developer provided some offstreet parking in turnouts, most of which provide parallel parking space for two or three cars. Of ten such turnout parking areas, six also provide access to private driveways, and two have been landscaped to conform to the adjoining property. On the original plat, there is no designation that these turnout areas were reserved for parking. It is commonly understood, however, that they are not driving areas and are to be distinguished from the street.

The Rowleys purchased two adjacent lots in the development and proposed to build a duplex, which is not restricted by the Marrcrest covenants. At a time when plaintiff Howard Rowley was president of the Marrcrest Homeowners' Association, he presented a plan to the architectural control committee, made up of Marrcrest's Board of Directors, to construct one large home with its primary driveway from the home exiting to the north into a cul-de-sac. As part of the duplex plan, however, he proposed a second driveway which would exit to the west into a turnout parking area and then into the street. The parking area into which the Rowleys' proposed driveway would exit is larger and deeper than most in the development, allowing parking of eight or nine cars. The access to Rowleys' proposed driveway would take at least one of these parking spaces.

The Rowleys' plan was not promptly approved by the architectural committee because the additional "apartment" driveway would cross a parking area. The Rowleys claim that the committee members promised to approve their proposed driveway and building plan for the duplex if they narrowed the apartment driveway to take only one parking space and if they agreed to construct and maintain other parking spaces at their expense. In November 1977, by taking the plans to the homes or offices of the committee members, Howard Rowley secured a majority of the committee members' signatures on the building plan. At trial two committee members testified, and the trial court found, that the signatures were obtained on the condition that the Rowleys provide access to the apartment by extending the original driveway from the north. The Rowleys contended that this solution was not discussed and, if implemented, would result in no front lawn for the apartment.

The Rowleys began construction of their home, and when it appeared they were planning to use the parking area for access to the apartment driveway, other homeowners filed complaints with Marrcrest's Board of Directors. On May 29, 1979, when Howard Rowley was still on the board but no longer Marrcrest's president, the issue of the Rowleys' driveway was discussed in a board meeting. The new board decided "not to overturn the approval given by the prior board," and left the situation unchanged. In the June 5, 1979 meeting, the board decided to obtain legal advice on the Rowleys' driveway. A letter from Marrcrest's attorney was read at the June 12, 1979 board meeting and suggested that Marrcrest stand by the decision of the prior board and take no further action. The letter was entered into the meeting's minutes, and the board elected to accept the attorney's recommendations. As a board member, Howard Rowley received copies of all board meeting minutes and was informed of the board's actions.

The Rowleys constructed their apartment driveway and carport in June, 1979. Several of the homeowners formally objected to the board, and a special meeting of all Marrcrest's members was called. On August 15, 1979, at this special meeting, the property owners voted to require the Rowleys to abide by the restrictive covenants and the conditional plat approval that required them to provide access to the apartment from the north driveway. By this time the concrete for the Rowleys' driveway and carport had been poured, and they took no action to change the situation. On February 20, 1980, Marrcrest authorized construction of a berm and planter box across the entrance to the apartment's driveway while the Rowleys were out of town.

The trial court made findings of fact that the Rowleys' plan was approved only on the condition that they extend the north driveway for use by the apartment; that the Rowleys understood this condition; and that there was no written authorization for the Rowleys' use of the "common area" for their driveway. These findings are supported by the evidence, and therefore cannot be disturbed. Tanner v. Baadsgaard, Utah, 612 P.2d 345 (1980); McBride v. McBride, Utah, 581 P.2d 996 (1978).

The first issue on appeal is whether the Rowleys could be restricted from using the parking area to gain access to the apartment driveway. The Rowleys allege that the parking area was designated as part of the development's roads and not as common area. By this distinction, the Rowleys attempt to persuade the Court that all residents in Marrcrest have access to their homes from the roadways, and to restrict the Rowleys from similar access would be unfair and discriminatory.

The plats offered by the Rowleys fail to justify this distinction. The Marrcrest streets are designated as "Home Owner's Association Roadway," and all other property not depicted as building lots are entitled "Home Owner's Association Property." The plat legend contains a section called "Owners' Dedication," which states in part that the property owners "hereby dedicate the streets, walkways, and other Association properties to Marrcrest Home Owner's Association." Marrcrest's Declaration of Restrictive Covenants and Conditions defines common area as "all real property owned by the Association for the common use and enjoyment of the members of the Association." Another section in the Declaration divides all the property within the Marrcrest development into only two classifications, dwelling units and common areas. The parking area, along with all other common areas, belongs to Marrcrest, which is responsible for protecting the common ownership for the benefit of all Marrcrest members.

The Rowleys also contend that the plats are writings and that parol evidence relating to the purpose of the "parking areas" was inadmissible. Plats are writings and parol evidence is inadmissible to explain or modify an unambiguous plat. Milliken v. Smith, 120 Okl. 211, 251 P. 84 (1926); Swanson v. Gillan, 54 R.I. 382, 173 A. 122 (1934). As in all parol evidence cases, oral testimony may not be admitted to vary or contradict the terms of a document; however, it is admissible to clarify the meaning of ambiguous provisions. The turnout areas shown on the plats do not clearly or obviously portray their purpose. It was therefore proper to admit evidence to clarify the intended purposes and uses of these particular...