2.06 Judicial Construction or the Master Deed or Lease

• Library: South Carolina Community Association Law: Condominiums and Homeowners Associations (SCBar) (2019 Ed.)

2.06 Judicial Construction or the Master Deed or Lease

The SCHPA provides no explicit guidance for interpretation of condominium instruments, including the master deed or lease. In Kneale v. Bonds,¹⁵⁴ however, the South Carolina Court of Appeals said that the SCHPA provides that master deeds should be strictly enforced.¹⁵⁵ Courts in other jurisdictions have applied some fundamental rules of construction to declarations. Where there are inconsistent clauses, one of which is specific and the other general, the specific clause will prevail.¹⁵⁶ Any ambiguity will generally be construed against its author (i.e., the developer),¹⁵⁷ or anyone seeking to enforce its covenants.¹⁵⁸

If there is no ambiguity, it has been said the court should not go beyond the document.¹⁵⁹ Rather, if the documents are facially clear, the court should give full force to the plain and clear language and not turn to parol evidence.¹⁶⁰ The basic rule of contract construction that words of common usage should be construed in their plain and ordinary sense has been applied to declarations by several courts.¹⁶¹ Additionally, it has been argued a declaration should be construed to assure purchasers that "...what the buyer sees the buyer gets."¹⁶²

The master deed governs over other documents. Thus, if a conflict arises between it and the articles of incorporation or bylaws, the master deed controls.¹⁶³

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Notes:

^[154] Kneale v. Bonds, 317 S.C. 262, 452 S.E.2d 840 (Ct. App. 1994).

^[155] Compare Schaefer v. Eastman City. Ass'n, 150 N.H. 187, 836 A.2d 752 (2003) (declaration for non-condominium association that owned and maintained recreational amenities should not be so narrowly construed as to "eviscerate" association's intended role as governing body).

^{[156] 156.} See, e.g., Raines v. Palm Beach Leisureville Community Ass'n, 317 So.2d 814 (Fla. 4 DCA 1975), cert. dis, 336 S.E.2d 1183 (Fla. 1976); Swanson v. Parkway Estates Townhouse Ass'n, 567 N.W.2d 767 (Minn.App. 1997) (homeowners association documents constitute contract, construction of which presents question of law unless ambiguity exists).

^[157] See, e.g., Heritage Federal Savings and Loan Ass'n v. Eagle Lake and Golf Condominiums, 318 S.C. 535, 458 S.E.2d 561, 565 (Ct. App. 1995) (construing master deed amendment against drafter "as we are required to do"); Houck v. Rivers, 316 S.C. 414, 450 S.E.2d 106 (Ct. App. 1994) (noting that if drafting party had intended different interpretation of master deed, language could have been written to...