EXECUTIVE BOARD OF THE NORTH ATTLEBOROUGH PRESERVE HOMEOWNERS' ASSOCIATION, INC., Plaintiff v. STEPHEN J. SARCIA, Defendant

The Executive Board of the North Attleborough Preserve Homeowners' Association, Inc. (Board) filed its complaint in this action on July 27, 2017. Defendant Stephen J. Sarcia (Sarcia) filed his Answer and Counterclaim on October 16, 2017. On February 9, 2018, the Board filed Plaintiff's Motion for Summary Judgment. On April 24, 2018, Sarcia filed Defendant's Cross Motion for Summary Judgment. The court heard the cross motions for summary judgment on May 7, 2018, and issued its Memorandum and Order on Cross Motions for Summary Judgment on August 16, 2018, allowing in part and denying in part the Plaintiff's Motion for Summary Judgment and denying Defendant's Cross Motion for Summary Judgment. Executive Bd. of the N. Attleborough Preserve Homeowners' Ass'n, Inc. v. Sarcia, 26 LCR 416 (2018).

The court took a view on May 7, 2019, and this case was tried on May 8 and 9, 2019. The Plaintiffs' Post-Trial Brief was filed on August 19, 2019, and Defendant's Post-Trial Brief was filed on September 24, 2019. The court heard closing arguments on October 1, 2019. In a decision of even date, the court (Foster, J.) has made findings of fact and rulings of law.

In accordance with the court's Memorandum and Order on Cross Motions for Summary Judgment issued on August 16, 2018, and with the Decision issued today, it is

ORDERED, ADJUDGED and DECLARED that Article XV, § 15.01h of the Declaration of Protective Covenants and Declaration of Covenants, Conditions, and Restrictions (Declaration), recorded with the Bristol County (Northern District) Registry of Deeds at Book 15442, Page 333, and Book 15443, Page 1 respectively, requires Sarcia to obtain the Board's approval of his plans for construction of a house at the property at 53 Pearl Street, North Attleborough, Massachusetts (the subject property). It is further

ORDERED, ADJUDGED and DECLARED that the Board's written decision denying Sarcia's plans for construction of a house at the subject property, submitted to the Board on or about March 1, 2018 (fourth plans) is hereby ANNULLED and the fourth plans are hereby deemed APPROVED under the Declaration. It is further

ORDERED, ADJUDGED and DECLARED that Sarcia shall appear before the Board for final approval of any matters not addressed in the fourth plans, such as paint colors and landscaping, and that the Board shall approve such matters promptly. It is further

ORDERED, ADJUDGED and DECLARED that attorneys' fees mutually requested by plaintiff and defendant are DENIED, and that neither party shall be charged costs or attorneys' fees under the Declaration.