2/2/2024 0 Comments Hoa covenantsThat restrictive covenants are well-drafted, we always recommend asking anĪttorney familiar with drafting restrictive covenants to assist in the process. The legal presumption is that any doubts are to be resolved in favor of the If they are, then courts will construe them according to their plain andĪ restrictive covenant is reasonably susceptible of more than one Restrictions must be clear and unambiguous. The guidelines thus wentīeyond the scope of the exterior-lighting covenant and the court would not The seasonal guidelines attempted to regulate the dates and the time of dayĭuring which residents could display decorative lighting. Visual impact” at all nor did they regulate the “location, wattage or other That the HOA developed to control seasonal decorations didn’t mention “adverse Visual impact to adjacent Lots, whether by location, wattage or other features.” Restrictive covenant was inapplicable because it merely prohibited directingĮxterior lighting outside the boundaries of the lot and causing any “adverse The only relevant restrictive covenant the HOA had provided that “o exterior lighting on a Lot shall be directed outside the boundaries of the Lot” and that exterior lighting “which results in an adverse visual impact to adjacent Lots, whether by location, wattage or other features, is prohibited.” There was no similar restriction in the HOA’s covenants. Belmont Glen, the HOA created rules and regulations that attempted to prohibit seasonal decorations on individual homeowner property by regulating the dates and time of day during which owners could display decorative lighting. Second, the specific wording of restrictive covenants is important. However, to control what happens on an owner’s property would require specific authority in the community’s covenants in order to do so. Any board of directors may create reasonable rules to govern what happens at the pool. Things such as pool rules would be a good example. In general, any HOA or condo may regulate activities upon the common area by creating reasonable rules and regulations. highlights three important themes that HOAs in North Carolina and South Carolina should be aware of: (1) there is a difference between rules and regulations and restrictive covenants, (2) the specific wording in covenants matters, and (3) HOA and condo boards must create restrictions that are clear and unambiguous.įirst, there is a distinct difference between rules and regulations that govern common area and restrictive covenants that govern individual owners’ property. Belmont Glen Homeowners Association, Inc. Although it is a case out of Virginia, the decision in Sainani v. At Law Firm Carolinas we keep track of legal trends and recent case law that impacts our HOA and condo clients.
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