LONE MOUNTAIN SHORES OWNERS ASSOCIATION, INC. v. HENRY BENNAFIELD ET AL. - Articles

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LONE MOUNTAIN SHORES OWNERS ASSOCIATION, INC. v. HENRY BENNAFIELD ET AL.

Posted by: Azya Thornton on Jun 9, 2025

Court: TN Court of Appeals

Attorneys 1: Kevin C. Stevens, Reece Brassler, and Kevin Escalona, Knoxville, Tennessee, for the appellant, Lone Mountain Shores Owners Association, Inc.

Attorneys 2: Ryan L. Sarr, Knoxville, Tennessee, for the appellees, Henry Bennafield et al.

Judge(s): FRIERSON

The plaintiff homeowners’ association filed this lawsuit against certain defendant homeowners who owned homes within its subdivision, seeking to enjoin the homeowners from using their residences as short-term rentals. After discovery, both parties filed motions for summary judgment that focused on interpretation of the association’s restrictive covenants with respect to short-term rental properties. Following a hearing on the competing motions for summary judgment, the trial court granted summary judgment in favor of the defendant homeowners and concomitantly denied the association’s motion. The trial court concluded that the language of the restrictive covenants was ambiguous as to short-term rentals and therefore unenforceable to enjoin the homeowners from using their residences as short-term rental properties. The association has appealed. Discerning no reversible error, we affirm.

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