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Covered Porch Violates Restrictive Covenants

Bodine v. Harris Village Property Owners Association, Inc., No. COA09-1458, N.C. App. Ct., September 7, 2010

Architectural Control/Covenants Enforcement: A North Carolina appeals court upheld a directed verdict that a homeowner was subject to injunction and liable for fines and attorney’s fees because the covered porch he constructed on his lot did not have the prior written approval of the homeowners association and violated size restrictions contained in the declaration. 

Harris Village is a homeowner’s association in Mooresville, North Carolina. The association’s architectural committee is authorized by the association’s declaration to decide, in its sole and absolute discretion, the precise site and location of any structure placed upon any lot.

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