Next Generation Bar Exam Quiz
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In a 40-house subdivision, Stonegate's recorded covenants provide that 'all exterior paint colors must be earth tones.' The homeowners association has known for many years that three houses in the subdivision are painted bright blue, and it has never objected. When Dara painted her house bright yellow, the association demanded that she repaint. Dara argues that the covenant is unenforceable because of the association's failure to enforce it against the blue houses.
Will a court agree with Dara?
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