Laurel Tree II Homeowners Association Inc. v. Dora Wilson Moore, W2021-01275-COA-R3-CV

Laurel Tree II Homeowners Association (HOA) sued homeowner Dora Wilson-Moore to enforce a covenant restricting placement of garbage cans in public view at her property in the Laurel Tree II subdivision in Memphis, Tennessee.
The property’s deed explicitly reflected the HOA’s Declaration of Covenants, which included the garbage can restriction, as an encumbrance.
Wilson-Moore admitted to storing her garbage can in view of the public and that such conduct violated the Declaration.
Her primary defense was selective enforcement, claiming the HOA did not enforce the rule equally against other homeowners.
The trial court found the homeowner violated the covenant, issued a permanent injunction requiring compliance, allowed the HOA to enter the property for enforcement if Wilson-Moore failed to comply, and awarded the HOA attorney’s fees.
Wilson-Moore appealed, challenging the grant of judgment on the pleadings to the HOA.

Issue	HOA's Argument	Wilson-Moore's Argument	Held
Whether the property is	Property is subject to the Declaration as recited in deed	Property not encumbered by Declaration	Property is encumbered; HOA's position upheld
encumbered by the Declaration
Whether selective enforcement	Non-waiver provision in Declaration defeats selective enforcement	HOA enforces restriction unequally/selectively	Selective enforcement does not bar enforcement
bars enforcement
Entitlement to Judgment	Admitted facts and admissions entitle HOA to judgment	Selective enforcement raises factual defense	Admitted violations support judgment for HOA
on the Pleadings

Young v. Barrow, 130 S.W.3d 59 (Tenn. Ct. App. 2003) (explaining standard of review for judgment on the pleadings)
Ass'n of Owners of Regency Park Condominiums v. Thomasson, 878 S.W.2d 560 (Tenn. Ct. App. 1994) (articulating selective enforcement as an affirmative defense in HOA matters)
McClenahan v. Cooley, 806 S.W.2d 767 (Tenn. 1991) (standard for granting judgment on the pleadings)