BELMONT ASSOCIATION, INC. v. THOMAS FARWIG and wife, RANA FARWIG and NANCY MAINARD, 381 N.C. 306

Summary

HOLDINGS: [1]-Court of Appeals erred in affirming an order which concluded that certain restrictions on the use of property, which did not expressly prohibit the installation of solar panels but only had the effect of doing so, fell under the safe harbor exception contained in N.C. Gen. Stat. § 22B-20(d). The restriction at issue did have the effect of prohibiting the installation of solar panels and the reasonable use of solar panels and, accordingly, the exception contained in N.C. Gen. Stat. § 22B-20(c) did not apply. Since neither statutory exception applied, the restriction violated § 22B-(20)(b) and defendants were entitled to summary judgment on their declaratory judgment claim.