I am often asked by homeowners, property managers, and HOA boards to review restrictive covenants to determine whether their community may restrict leasing in some way. The usual answer is “it depends,” and the South Carolina Court of Appeals made it clear in Community Services Associates, Inc. v. Wall that restrictive covenants must be clear in order to prevent leasing. Covenants that restrict the free use of property are disfavored by the law. Therefore, courts in North Carolina and South Carolina require that any restrictive covenant in a homeowners association or condominium be clear and unambiguous. So long as they … Continue reading
Author: David Wilson
Articles have been Reprinted with permission from Black, Slaughter, Black.
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