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FALKNER v. COLONY WOODS HOMES ASS'N

No. 98,627.

198 P.3d 152 (2008)

Michael FALKNER, et al., Appellees, v. COLONY WOODS HOMES ASSOCIATION, Appellant.

Court of Appeals of Kansas.

July 3, 2008.

Attorney(s) appearing for the Case

Jeffrey A. Kincaid, of Rees & Kincaid, of Lenexa, for appellant.

Eric G. Kraft, of Duggan, Shadwick, Doerr & Kurlbaum, PC, of Overland Park, for appellees.

Before McANANY, P.J., GREEN and CAPLINGER, JJ.

GREEN, J.:

Colony Woods Home Association (CWHA) appeals the trial court's interpretation of the Declaration of Restrictions applicable to homeowners living in the Colony Woods subdivision. On appeal, CWHA contends that the trial court erred in its interpretation of the homeowners' restrictions. We agree. Nevertheless, because of its conduct, we determine that CWHA waived compliance with the homeowners' restrictions. Accordingly, we affirm.

Michael and Nan...

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