South Carolina Covenants and Restrictions for Developer
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FAQ
Are neighborhood covenants enforceable? Generally speaking, yes. Both HOA covenants and rules are legally binding and enforceable.
In respect of covenants, for them to be enforceable, both the benefit and burden must run in common law or both must run in equity. So if the benefit runs in common law but the burden only runs in equity (or vice versa) the covenant will not be enforceable.
Restrictive covenant indemnity insurance can only be obtained when a covenant has been breached for at least 12 months without complaint, but once procured the policy will last in perpetuity and can usually be passed on to future owners of the property.
While bylaws are generally mutually agreed upon governing rules for an organization or business, covenants are usually long-term promises to do something or refrain from action that may last for several generations.
If a neighbour threatens to breach a restrictive covenant binding on them you will probably want to obtain an injunction to prevent breach rather than simply claim monetary compensation.Generally only the owner of land which was, or was part of, the land intended to be benefited by the covenant, can enforce it.
The CC&Rs set out the rules of the HOA community. They describe the requirements and limitations of what you can do with your property. The goal of the CC&Rs is to protect, preserve, and enhance property values in the community. The bylaws, on the other hand, govern how the HOA operates.
Generally speaking, yes. Both HOA covenants and rules are legally binding and enforceable. There are some exceptions to this statement, though. Some rules can be unenforceable.
Federal and State Laws and Statutes The laws of the land take precedence over all other HOA documents. State laws come before local laws, while federal laws outweigh everything else. Whether you're drafting your governing documents or deciding which one to follow, it's important to always check the law first.
Civil Code often allows homeowners the right to enforce their community's CC&Rs against their neighbors, even in the absence of a functioning HOA. In many states, it is possible for individual homeowners to enforce CC&Rs if the HOA is unable or unwilling to do so.