KJ Carpenter aka Kerry Carpenter v. Southbay Homeowners Association

Bismarck, North Dakota condominium law lawyer represented the Plaintiff seeking approval to construct a home with a full metal roof.



alleging the Committee has allowed metal roofs in the past and has knowingly and intentionally waived the restriction for required roofing materials. Carpenter submitted exhibits to the district court showing ten properties in the development have metal roofs in whole or part, and claimed Southbay approved metal roofing on some houses subject to the DRO. Southbay admitted that eight houses have partial metal roofing, and two have full metal roofs installed without approval. Southbay further admitted that five of the construction proposals that included partial metal roofing were approved by the Committee; a home built with a full metal roof submitted a construction proposal was approved by the Committee, but the proposal did not include a full metal roof; and there were no files or records for the remaining houses that have metal roofing. In regard to the five construction proposals including partial metal roofing materials, Southbay referred to Section 3, C. of the DRO as authority granting it discretion for such approval.



In August 9, 2006, Southbay Development LLC ("Developer”) recorded a DRO with the Burleigh County recorder against certain identified real property in Burleigh County, North Dakota. The DRO subjects real property platted into lots to certain conditions, restrictions, and obligations that shall inure to the benefit of, be binding on, and pass with the real property, and all lots shall inure to the benefit of, apply to, and bind the respective successors in title or interest of Developer.

Motion for summary judgment granted.



Affirmed