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

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 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.

 


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