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Subject: Selective enforcement
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Author Messages
KrisC1
(South Carolina)

Posts:1


08/02/2019 10:05 AM  
Hi, I am a vacation condo owner in Myrtle Beach. I have an hoa and management co trying to force us into using their onsite rental management co. They are preventing us from using the interior pictures of our unit. I understand not allowing common area pictures but our own unit?

Selective enforcement comes into play because the master deed disallows any use of pictures by owners or real estate agents or anyone other then their on site rental management company.

We got fined $50. Per day for having our unit pictures online for our marketing purposes. I can look online and see every real estate company in myrtle is using pictures of this building, the amenities, the units and property. This is selective enforcement, is it not? I will be contacting a professional but wondered if anyone has any experience in this.

I should note: the master deed says no photographs or renderings of the interior, exterior and personal property. I assumed that the interior was the interior of the common area. Never did I think the interpretation was the interior of our personal oceanfront units. Any help would be appreciated.
JZ2
(Florida)

Posts:43


08/02/2019 10:52 AM  
I can't advise you on the law in South Carolina, but the facts you have shared demonstrate discriminatory, arbitrary and capricious enforcement. In Florida, you would win that case, but you need to consult with an experienced community association attorney in South Carolina to get an answer you can rely upon.

In the interim, I would send an email and inquire precisely how the Association contends it can legally justify the disparate treatment.

Good luck!
BarbaraT1
(Texas)

Posts:202


08/02/2019 10:52 AM  
How do you know the other owners aren't receiving fines too?
AugustinD


Posts:1886


08/02/2019 2:05 PM  
I suspect the covenant (or its interpretation) disallowing pictures of the interior for the purposes of a home sale is, among other things unlawful, an unlawful "restraint on alienation." I would send the Board and management company a (certified mail) letter that reads something like:

Dear Condominium Board,

The Condominium Association has declared that Covenant ___ prohibits publication of photographs of the interior of one's unit. This makes selling my unit using the realtor of my choice nearly impossible. I believe this prohibition is unlawful.

Would you please have the HOA attorney write me and explain the lawful basis for this prohibition? I respectfully request that the condominium suspend fines on this matter until more clarity is obtained.

Thank you,

Jane Doe
Unit ___
___ Condominium
Myrtle Beach, SC _____
Phone:
Email:

Meanwhile, start interviewing attorneys.

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