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IN THE COURT OF APPEALS OF MARYLAND

No. 78 September Term, 2005 _________________________________________

JAMES LOWDEN, et ux.

v.

DANIEL B. BOSLEY, et al. __________________________________________ Bell, C.J. Wilner Cathell Harrell Battaglia Greene Eldridge, John C. (Retired, Specially Assigned), JJ. __________________________________________ Opinion by Eldridge, J. Wilner, J., concurs in the judgment only. _________________________________________

Filed: October 17, 2006

The issue in this case is whether a restrictive covenan t, which requires that building lots within a 59-lot subdivision along Deep Creek Lake in Garrett Cou nty, Maryland, be used for "single family residential purposes only," prohibits the owners of homes on those lots from renting their homes to residential tenants on a short-term basis. W e shall hold that the restrictive covenant is unambiguous and that it does not prohibit the short-term rental to a single family of a home. I. The plaintiffs-appellants, James and Angela Lowden, in September 2003, purchased lots 11 and 11A in the Stilwater subdivision along Deep Creek Lake in order to build a vacation home. That same month, four other lots in the Stilwater Subdivision were purchased by the defendants-appellees, MBC-TEK Lake Properties, LLC, Daniel and Angela Bosley, and James and Deborah Cline. The following April, the

defendants-appellees Rick and Jill Dansey acquired two lots. All of these defendantsappellees subseque ntly built large homes on their lots, and several of their homes are available to vacationers as short-term residential rental properties. The Stilwater subdivision was originally part of a larger tract of land owned by New Glen Properties, LLC, which had subdivided and sold various waterfront and water access lots during 2003 and 2004. All lots were subject to restrictive covenan ts recorded in June 2003 by New Glen in a Declaration of Covenants, Conditi ons and Restrictions. That Declaration stated that the purpose of the subdivision was to

-2"develop or cause to be developed on the Property a residential commu nity . . . ." The Declara tion contains a provision entitled "uses" which restricted the use of the prop erty. Section 8.1 of the Declaration states as follows (emphas is added):

"Uses. All lots shall be used for single family residential purposes only . No structure of a temporary character whether a basemen t, tent, shack, trailer, camper, or other out-building will be placed on any Lot at any time as a permanent or temporary residen ce."

Article 8 of the Declaration also contains provisions restricting the subdivision of lots, the posting, storage, and keeping of certain items on the prop erty, and the necessity of the Architectural Committee's approval before a home could be built and for various other activities concerning the prop erty. Add ition ally,

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