
In a decisive ruling, Magistrate Selena E. Molina overturned a homeowners association’s claim against the Mitchells, removing a violation notice from the public records.
The dispute began in 2025 when the couple submitted plans for a 24‑by‑28‑foot detached garage using metal siding and a metal roof, which the board said contravened community rules.
The board’s denial was followed by a formal notice of violation recorded in county land records, threatening to complicate any future sale or refinance.
Molina examined the governing documents and found no explicit prohibition of metal finishes, noting that similar structures had already been approved elsewhere in the development.
The court emphasized that HOA rules must be clear and cannot be applied selectively; ambiguous restrictions should favor the homeowner.
By canceling the violation notice, the court shields the Mitchells from fines and preserves the title, enabling them to build the garage without legal hindrance.
The decision sets a precedent for HOA enforcement across Delaware, with lawyers anticipating its influence on future disputes.