However, trial was held to decide only the CounterclaimPlaintiffs Russell and JaKara Vester’s counterclaims to the Association’s Petition. BACKGROUND Counterclaim-Defendant Henlopen Landing Homeowners Association, Inc. Nonetheless, I find that the Vesters failed to prove that the Association-or its property management agent, Defendant Premier Property & Pool Management, LLC, a/k/a Premier Property Management (“Premier”)-acted for reasons of animus regarding the Vesters’ race, familial status, or disability, so as to be liable under the Acts. And I acknowledge that animus on racial, familial status, and disability grounds are among the evils that the Fair Housing Acts were created to remedy. It is also clear that some of the violations of deed restrictions alleged by the Association against the Vesters were picayune, and at least one action-excluding the Vester family from the use of the community pool as coercion to remedy unauthorized alteration of the Vester driveway-persisted long after the underlying issue was remedied, and to that extent was ultra vires and improper. It is clear to me that the Vesters are sincere in their belief that they have been discriminated against for invidious reasons, in violation of the Fair Housing Acts. Their Amended Counterclaim seeks relief solely under those Acts. The Vesters contend that the actions of the Homeowners were motivated by animus against their race, their son’s medical condition, and the fact that they had children, in violation of the Delaware and Federal Fair Housing Acts. The twist is that the Vesters are an interracial couple with an autistic son, among other children. The remaining portion of the action is the Vesters’ Amended Counterclaim. The purported deed restriction violations have all been mooted during the course of the litigation, and the Association’s only remaining claim is for a mootness fee, which I will address by separate opinion. (the “Association”) to enforce deed restrictions against the Plaintiffs Russell and JaKara Vester (together, the Vesters), who own a house in the Henlopen Landing development near Five Points, south of Lewes. This case was originally brought by the Henlopen Landing Homeowners Association, Inc. The matter before me is of this ilk, but with a twist. At times, this belief is vindicated at other times, not. In nearly every such case, the homeowner believes she has been singled out for unfair and overbearing-even tyrannical-treatment by the associations. In twenty-odd years on the bench, I have tried many disputes between property owners and homeowners associations, testing the limits of the exercise of such enforcement. One such instance involves ownership of real property in restricted developments, where owners have ceded certain rights over use and development of realty via deed restrictions, as enforced by homeowners’ associations. GLASSCOCK, Vice Chancellor A court of equity is, fundamentally, a forum to address those agency problems arising where ownership and control of assets are separated. Karasic, of COMMUNITY LEGAL AID SOCIETY, INC, Wilmington, Delaware, Attorneys for Respondents. and Counterclaim Defendant Premier Property & Pool Management, LLC. Smith, of THE SMITH FIRM, LLC, Seaford, Delaware, Attorney for Petitioner Henlopen Landing Homeowners Association, Inc. ) MEMORANDUM OPINION Date Submitted: ApDate Decided: AugMichael R. ) ) HENLOPEN LANDING ) HOMEOWNERS ASSOCIATION, ) INC., and PREMIER PROPERTY & ) POOL MANAGEMENT, LLC, A/K/A ) PREMIER PROPERTY ) MANAGEMENT, ) ) Counterclaim Defendants. VESTER and JAKARA ) VESTER, ) ) Counterclaim Plaintiffs, ) ) v. VESTER and JAKARA ) VESTER, ) ) Respondents, ) ) ) RUSSELL H. IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE HENLOPEN LANDING HOMEOWNERS ASSOCIATION, INC., ) ) ) ) Petitioner, ) ) v.
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