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Real Property – Restrictive Covenants – Planned Community Act – Construction Bond & Fines
McVicker v. Bogue Sound Yacht Club, Inc. (Lawyers Weekly No. 011-387-17, 23 pp.) (John Tyson, J.) (Robert Hunter Jr., J., dissenting) Appealed from Carteret County Superior Court (Benjamin Alford, J.) N.C. App. Holding: The covenants of the parties’ subdivision did not give the defendant-homeowners’ association’s Architectural Review Committee any authority to require a construction bond [&h[...]
Real Property — Restrictive Covenants – Competitive Store – Parking Lot
Charlotte Pavilion Road Retail Investment, L.L.C. v. North Carolina CVS Pharmacy, LLC (Lawyers Weekly No. 14-07-1163, 10 pp.) (Rick Elmore, J.) Appealed from Mecklenburg County Superior Court (Linwood Foust, J.) N.C. App. Holding: Although the restrictive covenant on the land next to a pharmacy prohibits the building of a competitive store, the land may be […]
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.
Real Property – Restrictive Covenants – Negative Covenant – ‘Business or Commercial Purposes’ – Vacation Rentals – First Impression
Russell v. Donaldson A subdivision’s restrictive covenant – “no lots shall be used for commercial or business purposes” – does not prohibit property owners from leasing their houses as short-term vacation rentals.
Real Property – Restrictive Covenants – Single-Family Home – Business Activities – Inside Residence
Matthieu v. Miller The restrictive covenants in the parties’ neighborhood prohibited commercial activity. The trial court did not abuse its discretion when it allowed defendants to do their business’s clerical work inside their home.
Real Property – Restrictive Covenants – Single-Family Home – Business Activities – Inside Residence
Matthieu v. Miller The restrictive covenants in the parties’ neighborhood prohibited commercial activity. The trial court did not abuse its discretion when it allowed defendants to do their business’s clerical work inside their home.
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.
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 ev[...]
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[...]
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.
Civil Practice – Jurisdiction – Federal Remand — Res Judicata – Discovery – Attorney’s Fees & Costs – Real Property – Restrictive Covenants
Bald Head Association v. Curnin Even though defendant appealed the federal district court’s remand order, he did not seek a stay of the remand order until seven months after its entry and five months after the state-court order that gave rise to this appeal; moreover, the Fourth Circuit denied defendant’s motion for a stay. The superior court had jurisdiction to enter its orders dismi[...]
Real Property – Restrictive Covenants – Amendment – Homeowners’ Association President – Fiduciary Duty
Taddei v. Village Creek Property Owners Association, Inc. Even though paragraph 33 of the Village Creek restrictive covenants says the covenants can only be amended to bring them into conformity with town ordinances or actions, paragraph 3 says the covenants are effective for 20 years with automatic 10-year renewals and that the covenants can be amended before any term. The covenants were[...]
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