Authored by Ryan Futrell and David Wilson I am often asked to give an opinion on whether a particular restrictive covenant is enforceable. In most cases the answer is “yes.” Occasionally, however, there are factors that may make the restriction unenforceable. In a recent case from South Dakota, homeowners learned the hard way that their failure to enforce their restrictive covenants in the past prevented them from enforcing them when it mattered most. Note: Although this case is not legally binding in North or South Carolina, it is instructive and teaches an important lesson that communities in North Carolina and … Continue reading
Author Archives: Ryan Futrell
Recent Community Association Detention Pond Litigation
Detention ponds are becoming more and more common in both single family and townhome community associations. Many counties in both North and South Carolina require detention pond installation in any new development. At their most basic, detention ponds are designed to perform two main functions; to collect and store storm water runoff, and to slowly release the water so that the sewers and waterways aren’t overwhelmed. In almost all cases a detention pond within a community association will be considered common area and therefore the association will likely be charged with its maintenance as provided in the declaration. Often detention … Continue reading