An interesting bunch of Condo rules

From: "Jerry D",0,7209289.column

An interesting bunch of Condo rules, My Favorite is:

If you think these rules are silly or extreme, consider a deed-restricted development in Jasper County, near Hilton Head, S.C. In 1998 a developer bought 1,700 acres, a property called Delta Plantation, to subdivide for homes. The official covenants, as recorded in the county auditor’s office, say the property may never be sold or leased "to any person or entity that may be described as being part of the Yankee race."

The definition of "Yankee race" is anyone or anything "born or formed north of the Mason-Dixon Line" or anyone who has lived north of the line continuously for a year.

It also says "no person with the last name of Sherman or born up north whose last name includes letters that can be rearranged to spell Sherman shall ever own, lease, enter, occupy, walk upon or hold any interest" in the property.

The covenants say the restrictions "are necessary to ensure that the Yankees will never own or control large tracts of land that rightfully belong in Southern hands again or again."

Can such deed restrictions be enforced?

Yes, says Fort Lauderdale-based attorney Gary Poliakoff, whose firm, Becker & Poliakoff, represents more than 4,300 condo and homeowner associations in Florida.

Federal, state and county laws say only that you can’t discriminate against those in "protected classes," he said. These include race, religion, national origin, sex, handicap and family status (unless the community is over 55). In Broward County, sexual orientation is also protected.

Those in other classes can be discriminated against. For example, it is perfectly legal to discriminate against lawyers, he said.

Since Yankees aren’t protected, "I see no reason why the restriction

[would] not be upheld," Poliakoff said.

The South Carolina property owner never enforced his deed, Yankees have bought property and all is well on the Delta Plantation.

But the deed remains in the official records of Jasper County.