Is it legal for a neighborhood covenants document to be without a hardship clause?

UPDATED: Sep 6, 2011

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Is it legal for a neighborhood covenants document to be without a hardship clause?

Asked on September 6, 2011 under Real Estate Law, South Carolina


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Under the laws of each state in this country recorded covenants concerning real property are legal so long as they are not disciminatory based upon long standing case law as well as statutes prohibiting discrimination based upon certain criteria.

Such illegal discriminatory criteria consists of, but is not limited to religious beliefs, ethnicity, gender, sexual orientation and the like.

A claim of hardship is not a protected item requiring such to be included in any recorded covenants pertaining to real property since a specific category of protected classes is not being discriminated against.

If you are personally having some hardships regarding paying any dues assessed as to your property, you should contact the homewoner's association seeking some agreed upon installment payment plan.

Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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