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Tag Archives: restrictive covenants

Real Property – Restrictive Covenants – Building Deadlines – Remedies

Properties of Southern Wake, LLC v. Fidelity Bank Although the plaintiff-developer’s restrictive covenants required construction to begin within nine months of the purchase of a lot, if a buyer failed to begin construction on time, the only remedy set out in the covenants was the developer’s re-purchase of the lot, at the developer’s option.

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Real Property – Restrictive Covenants – Right to Enforce — Neighbors – Carport – Permissible Auxiliary Structure – Definition of Home – Writ of Mandamus

Sanford v. Williams Where a man’s neighbors constructed a carport in violation of their subdivision’s 1969 covenants, the man had the right to enforce those covenants. This is true, even when both the man and his neighbors were not original grantees of the developer, but subsequent purchasers, so long as they were provided notice at purchase of the covenants in place.

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Real Property – Restrictive Covenants – Amendment – Pre-Amendment Violations – Tort/Negligence – Breach of Fiduciary Duty Claim

Taddei v. Village Creek Property Owners Association, Inc. Even though one paragraph of the subdivision’s restrictive covenants only allows the declarant, or its successors or assigns, to amend the covenants in order to bring them into compliance with town ordinances, another paragraph of the covenants allows a majority of property owners to amend the covenants before they are renewed every 10 years. The defendant-homeowners’ association followed the latter paragraph’s requirements to amend the covenants.

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Real Property – Restrictive Covenants – Multiple Violations – Re-Division of Lots – First Impression

Craver v. Raymond Where (1) one-quarter of the restricted lots in a 1919 subdivision have been re-divided in violation of the restrictive covenant, (2) the re-divided lots are not in one area of the subdivision but are dispersed throughout it, and (3) the majority of additional lot owners – though properly served and joined as defendants – have remained silent throughout the course of this litigation, the restriction against re-dividing lots is unenforceable.

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Real Property – Condo Development – Restrictive Covenants – Door Color – Fines – HOA Authority

Cantillana v. Five Oaks Homeowners Association Although the parties’ condominium community was developed before the N.C. Planned Community Act was enacted, the Act nevertheless gives the defendant-homeowners association authority to fine plaintiff for violating restrictive covenants concerning door color.

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