S.C. Court Upholds HOA Restrictions on Rental of Units to College Students

This case involved a dispute between a homeowners association (“Association”) and the owners of a condominium unit (“Owners”) over the enforceability of HOA restrictions within the Association’s governing documents that prohibited the rental of units to any student that was currently enrolled in a two or four-year college.

Owners purchased the condominium unit in question in 2007, in anticipation of their daughter living there with two roommates while attending college at the University of South Carolina. The plan included the receipt of rental payments from the two roommates. Owners’ daughter apparently did not attend college at the University of South Carolina so, in 2008, Owners commenced efforts to sell the unit. Unfortunately, at that point in time the country was suffering from the real estate melt-down and Owners were […]

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