![]() The Board presented evidence to the Court that Brown’s plans were different from the two similar houses. The Court look to see if the decision bore a reasonable relation to the other buildings in the community or the general plan of development. The Court examined the Board’s reason for disapproving the home on aesthetic considerations. Brown argued to the Court that the Board’s decision was unreasonable and arbitrary, in part because the Board had approved two other similar houses. Relying on that provision, the Board denied an owner, Brown’s, new home construction plans on the basis that the plans submitted by Brown showed a grage that “overpowered” the rest of the house. In that case, the association’s covenants vested its Board with the power to approve or disapprove construction plans based on purely aesthetic considerations. ![]() The best reasoned case on this issue is a case from the Supreme Court of South Carolina, Palmetto Dunes v. There are two types of selective enforcement: 1) when an association acts arbitrarily by enforcing some covenants but fails to enforce others and 2) when an association acts arbitrarily by enforcing the same covenant differently against one owner and another. ![]()
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