Winding Ridge Homeowners Ass'n v. Joffe

Although I would agree as a general matter with the majority opinion’s analysis of the proper meaning of the phrase “single family dwelling,” see Danaher v. Joffe, 184 N.C. App. 642, 650, 646 S.E.2d 783, 788 (2007) (Geer, J., concurring), I would hold in this case that the restrictive covenant, as drafted, is only a limitation on the type of structure that may be placed on the property and not a restriction on the type of occupancy permitted within the dwelling. I believe that this conclusion is mandated by J.T. Hobby & Son, Inc. v. Family Homes of Wake County, Inc., 302 N.C. 64, 274 S.E.2d…