Tag Archives: restrictive

Building Permits and Restrictive Covenants

    In South Carolina, a local planning agency is required by S.C. Code § 6-29-1145 to inquire in the permit application, or in written instructions provided to the applicant, if a parcel of land is restricted by a recorded covenant.

    The planning agency itself is not required to conduct a search of public records, but if the agency has actual notice of a covenant that “is contrary to, conflicts with, or prohibits” the activity for which a permit is being sought then the permit may not be issued.
 
    Actual notice may be derived from the application, materials or information submitted by the person requesting the permit, or from other sources, including, but not limited to, other property holders.  The planning agency may not issue the permit until such time as it receives confirmation that the restrictive covenant has been released for the parcel of land.


    An example of this requirement can be seen in the Charleston County Site Plan Review Application Package.

    This site and any information contained herein is intended for informational purposes and should not be construed as legal advice.  Seek a competent attorney for advice on any legal matter.

Read more

Community Within a Community Upsets Neighbors

    Here’s a recent Post and Courier article concerning Battery Gaillard, a West Ashley subdivision.  Several doctors in the neighborhood formed an LLC and purchased a lot on which they intend to build a private swimming pool and tennis courts for their exclusive use.  The lot is not adjacent to any of the doctors’ property, which brings up zoning and CC&Rs issues. Neighbors are also raising eyebrows at the commercial ownership of the lot.  Both sides have engaged counsel for what may prove to be a very interesting lawsuit.
    
    It is interesting to note that a South Carolina statute requires local planning agencies to inquire as to the existence of restrictive covenants before issuing a permit.  S.C. Code Ann. § 6-29-1145.  

    This site and any information contained herein is intended for informational purposes only and should not be construed as legal advice.  Seek a competent attorney for advice on any legal matter.

Read more

Two-family rental may violate codes

Q: Last year our HOA’s rental policy was challenged by a developer. We had previously not allowed rentals. After a new vote, property owners are now allowed to rent their properties. However, our restrictive covenants clearly state that homes are for single-family use only. There is a home in our community which has multiple levels and was marketed by a Realtor last year as having multi-family capability. Citing our restrictions, our board asked him not to market the house as multi-family. The house was recently sold and the new owner intends to rent the home. During a conversation with me he stated that he intended to rent the downstairs and occupy the upstairs himself. Our board feels this is a violation of the restrictive covenants. What recourse does our board have? You indicate that your CCRs (covenants, conditions and restrictions) restrict homes to “single-family” use. Is the term “single-family” defined in your CCRs?

Read more

Check bylaws for how to boot board directors

Q. Our HOA’s bylaws state that the only way a board director may be removed from the HOA board is by a majority vote of our HOA members. Recently, three of our five board members voted into effect and implemented a “Code of Ethics” for our board members to abide by. The final section of this code states that any board member who violates these ethics provisions “will be subject to potential ramifications and/or expulsion from the board of directors.” This expulsion power seems to be in violation of our bylaw that gives this authority only to our HOA members. Can this expulsion be enforced?Most HOA bylaws require a vote of the homeowners to remove a director from office. In fact, the requirement is usually a two-thirds or three-fourths “supermajority” vote of the owners.

Read more