Legal Opinion · Dissent

Cedar Cove Homeowners Ass'n v. DiPietro

Court of Appeals of South Carolina

Decided March 13, 2006No. 4092Published

1DissentAnderson, J.

I disagree with the majority’s reasoning and analysis. I VOTE to AFFIRM.

FACTUALIPROCEDURAL BACKGROUND

Margaret and Rudy DiPietro are the owners of Lot 5 in the Cedar Cove Subdivision and have resided there since 1998. The subdivision is governed by the Cedar Cove Homeowners’ Association (the Association), a non-profit corporation organized and existing under the laws of South Carolina. Management of the Association is governed by the By-Laws. Both the common areas of the subdivision and Lot 5 are subject to the Declaration of Covenants, Conditions, and Restrictions for Cedar Cove Subdivision…

2Cases cited53 opinions

  1. Townes Associates, Ltd. v. City of GreenvilleSupreme Court of South Carolina · 1976
  2. Phillips v. Sun Oil Co.New York Court of Appeals · 1954
  3. Snakenberg v. Hartford Casualty Ins. Co., Inc.Court of Appeals of South Carolina · 1989
  4. Ingram v. Kasey's AssociatesSupreme Court of South Carolina · 2000
  5. Ellie, Inc. v. MiccichiCourt of Appeals of South Carolina · 2004

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