A restrictive covenant may limit the kind of structure that can be placed on the property and may also restrict the use that can be made of the land. When a tract of land is developed for individual lots and homes to be built, it is common to use the same restrictive covenants in all of the deeds in order to cause uniform restrictions and patterns on the property. For example, the developer may provide that no home may be built under a certain number of square feet. Any person acquiring a lot within the tract will be bound by the restrictions if they are placed in the deed or a prior recorded deed. Also, these restrictive covenants may be placed in a document at the outset of the development entitled "Restrictive Covenants," and list all the restrictive covenants that will apply to the tracts of land being developed. Any subsequent deed can then refer back to the book and page number where these restrictive covenants are recorded.
Any person owning one of the lots in the tract may bring suit against another lot owner to enforce the restrictive covenants. However, restrictive covenants may be deemed abandoned or unenforceable due to estoppel if the restrictive covenants are violated openly for a sufficient period of time for a Court to declare that the restriction has been abandoned.
The South Carolina Amended And Restated Declaration Of Covenants, Conditions and Restrictions for Subdivision is a legal document that outlines the regulations and guidelines for a specific subdivision or community within the state of South Carolina. It serves as a contract between the homeowners within the subdivision and the governing homeowner's association (HOA). These covenants, conditions, and restrictions (CC&Rs) are put in place to ensure a harmonious and orderly environment within the subdivision, maintaining property values and promoting a high quality of life for residents. They are legally binding and require compliance from all homeowners within the subdivision. The South Carolina Amended And Restated Declaration Of Covenants, Conditions and Restrictions for Subdivision covers various aspects related to property use, architectural guidelines, maintenance, and community standards. Some common provisions found in these declarations include: 1. Property Use: The CC&Rs regulate the type of use allowed for properties within the subdivision, ensuring that they are used for residential purposes only. This may include restrictions on commercial activities, short-term rentals, or home businesses operating from the property. 2. Architectural and Design Standards: These declarations often outline specific architectural guidelines and design standards that homeowners must adhere to when building or modifying their property. This ensures visual consistency and enhances the overall aesthetic appeal of the subdivision. 3. Maintenance and Landscaping: The CC&Rs may specify certain maintenance requirements, such as regular landscaping, exterior property upkeep, and common area maintenance responsibilities. Homeowners may be obligated to pay regular fees to cover the costs associated with these tasks. 4. HOA Powers and Assessments: The South Carolina Amended And Restated Declaration Of Covenants, Conditions and Restrictions for Subdivision grants certain powers and authorities to the HOA, which often includes the ability to enforce the CC&Rs, collect assessments, and impose fines for non-compliance. 5. Common Area Usage: If the subdivision features common areas such as parks, pools, or clubhouses, the CC&Rs will typically outline the rules and regulations pertaining to their use. This ensures fair and equitable access for all residents. Different types of South Carolina Amended And Restated Declaration Of Covenants, Conditions and Restrictions for Subdivision can vary depending on the specific community they govern. Each HOA may have its own set of CC&Rs tailored to the unique characteristics and needs of the subdivision. It's essential for homeowners to review and understand the specific CC&Rs applicable to their property before purchasing or moving into a subdivision. Compliance with these regulations is usually mandatory, and violations can result in penalties or legal action by the HOA.
