On October 22, 2014, the Supreme Court of South Carolina issued an opinion upholding a ruling by the South Carolina Court of Appeals that once a developer no longer has a sufficient property interest in a development, it loses its ability to assign developer’s rights or to amend the restrictive covenants for that development. In AJF Holdings, LLC v. Dunn, 392 S.C. 160, 708 S.E.2d 218 (Ct. App. 2011), the developer reserved to herself the right to waive certain restrictions against commercial use contained within the deeds. Read more……….
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