JUSTICE ROVIRA delivered the Opinion of the Court.
We granted certiorari to review the court of appeals opinion in Evergreen Meadows Homeowners' Association v. Double D Manor, Inc., 743 P.2d 39 (Colo.App. 1987). The court of appeals affirmed the trial court's order which declared that Double D Manor (Double D) violated a restrictive covenant governing the use of the subject properties and granted a permanent injunction against the use of the properties as a group home for the developmentally disabled. We conclude that the proposed use of the premises does not violate the restrictive covenant in question. Therefore, we reverse.
I.
The facts material to an understanding of this case were stipulated to by the parties. The stipulation reflects that Double D is a Colorado nonprofit corporation whose purpose is to provide a "home life" situation for developmentally disabled persons between the ages of five and twenty-one years. On September 1, 1984, Double D moved its staff and six developmentally disabled residents into a house on Lot 18 in the Evergreen Meadows subdivision (Subdivision), a residential community in Jefferson County, Colorado. After modification and enlargement of the septic system for the adjoining house on Lot 17, Double D located seven developmentally disabled persons there. The houses which Double D occupies are single-family dwelling structures. Double D has received a state license to operate these homes as "residential child care facilities" as defined in section 26-6-102(8), 11 C.R.S. (1982).
The residents of the homes are developmentally disabled children who are mildly or moderately emotionally disturbed. None of the children are legally or biologically related to any of the staff or employees of Double D. All meals are prepared, served, and consumed as a family unit. The various housekeeping chores are shared. The children attend public schools and participate in extracurricular activities at school. On occasion, the children go on recreational outings together.
Both homes are staffed by Double D employees. No employees permanently reside in one of the homes, and night supervision of the residents is provided by rotating staff members. A staff advocate is assigned to each resident. The staff advocate attends school functions and parent-teacher meetings with the child. The staff advocates, however, do not reside in the home with the children. The employees work in shifts and are responsible for the care of the residents and the operation and maintenance of the property. The employees consult outside professionals for the care of the children. The outside professionals do not treat the residents in the homes.
Less than a week after Double D began occupying one of the houses, several homeowners and residents of the Subdivision and the Evergreen Meadows Homeowners' Association (Association) commenced an action in the district court claiming that covenants contained in the deeds of all tracts of land within the subdivision precluded Double D's use of the property.
The covenants, which were recorded on the plat by the subdivider in 1969, and subsequently amended in 1978, provide that they are to run with the land and bind all parties claiming under them. The covenant, which, according to the Association, prohibits Double D's use of the subject properties, states:
"All sites shall be for residential use only, with only one single-family dwelling permitted on any site."
After considering the stipulated facts and the briefs submitted by the parties, the trial court concluded that, "as a matter of law, [Double D's] use of the property as a group home for the developmentally disabled is not in keeping with the contemplated residential nature of the neighborhood, and violates the restrictive covenants governing the use by [Double D] of their land." The court went on to find that "the plain and unambiguous purpose expressed in [the covenant quoted above] is to restrict the use of the property to a single family residence." It also found that, while a state licensed group home for eight developmentally disabled persons is a residential use of the property for zoning purposes, "such is distinguishable from a situation such as this where property owners are seeking to enforce the provisions of restrictive covenants which run with the land." The trial court enjoined Double D from using the houses as group homes for the developmentally disabled, but stayed enforcement pending appellate review.
In affirming the trial court's order, the court of appeals concluded that the language of the covenant is clear, and "[n]othing within that language would indicate an intent that it govern only architectural design to the exclusion of use." Evergreen Meadows Homeowners' Ass'n v. Double D Manor, Inc., 743 P.2d 39, 40 (Colo.App. 1987). The court of appeals also concluded that the phrase "single-family dwelling" "would not include a group residence for the developmentally impaired lacking the characteristics of a normal and permanent family unit maintaining the usual family-style living arrangement." Id. at 40.
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