Beech Mountain Property Owner's Ass'n v. Seifart

PARKER, Judge.

The issue raised by this appeal is whether the covenants upon which the Property Owners’ Association relies to assess defendants are sufficiently certain and definite to be enforceable. We hold that they are not. Accordingly, we do not address the question whether the covenants run with the land so as to be enforceable by parties other than the original grantor, Carolina Caribbean Corporation.

It is, of course, true that “[a] grantee, who accepts a deed containing otherwise valid covenants purporting to bind him, thereby becomes bound for the performance of such covenants.”…