Today’s Decision from the South Carolina Court of Appeals

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Today, the South Carolina Court of Appeals published one opinion:  Harold v. Watson’s Orchard Property Owners Association was an appeal from the circuit court. Appellants Pelham Farm, LLC, One, LLC and an unknown trustee of the revocable trust agreement established by James B. Stephens, and Jay Stephens and Mike Stephens, as co-personal representatives of the estate of James B. Stephens contend the circuit court erred in finding their amendment to the Declaration of Restrictions and Covenants that governed the development of property in Greenville County, South Carolina, was invalid for lack of a majority vote.

The Court of appeals affirms the circuit court, finding the plain and ordinary language of the Restrictions and Covenants requires the lots at issue to be developed prior to entitling the owner a vote to amend the Restrictions and Covenants. Because the lots were not developed, the Court of appeals held Appellants’ votes were invalid and the amended Restrictions and Covenants were not enforceable.

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