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ELECTRONICALLY FILED - 2023 Sep 22 1:15 PM - GREENVILLE - COMMON PLEAS - CASE#2023CP2304846
STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS
)
COUNTY OF GREENVILLE ) C.A. NO.:
)
Windy Ridge Homeowners Association, )
Inc., )
)
Plaintiff, ) SUMMONS
)
vs. ) (Non-Jury)
)
Tawanna L. Simpson, ) (Injunctive Relief)
) (Breach of Contract)
Defendant. ) (Declaratory Judgment)
_________________________________ ) (Negligence)
)
)
TO: THE ABOVE-NAMED DEFENDANT,
YOU ARE HEREBY SUMMONED and required to appear and defend by answering the
Complaint in this action, of which a copy is herewith served upon you, and to serve a copy of
your Answer on the subscribers at their offices at the address below, within thirty (30) days after
the service hereof, exclusive of the day of such service; and if you fail to do so, judgment by
default will be rendered against you for the relief demanded in the Complaint. Respectfully
submitted,
THE DODD LAW FIRM, LLC
By: /s/Michael B. Dodd
Michael B. Dodd (S.C. Bar No. 100599)
13 Sevier Street
Greenville, SC 29605
Telephone: (864) 747-5607
Facsimile: (864) 243-8255
Email: michael@thedoddlawfirm.com
ATTORNEY FOR PLAINTIFF
September 22, 2023
Greenville, South Carolina
ELECTRONICALLY FILED - 2023 Sep 22 1:15 PM - GREENVILLE - COMMON PLEAS - CASE#2023CP2304846
STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS
)
COUNTY OF GREENVILLE ) C.A. NO.:
)
Windy Ridge Homeowners Association, )
Inc., )
)
Plaintiff, ) COMPLAINT
)
vs. ) (Non-Jury)
)
Tawanna L. Simpson, ) (Injunctive Relief)
Defendant. ) (Breach of Contract)
_________________________________ ) (Declaratory Judgment)
) (Negligence)
)
)
TO: THE ABOVE-NAMED DEFENDANT,
COMES NOW Plaintiff Windy Ridge Homeowners Association, Inc., (hereinafter
“Plaintiff”) and would respectfully show unto the court as follows:
PARTIES AND JURISDICTION
1. Plaintiff is a nonprofit corporation organized and operating pursuant to the laws of
South Carolina and operating in Greenville County, South Carolina.
2. Upon information and belief, Defendant Tawanna L. Simpson (hereinafter
“Simpson” or “Defendant") is a citizen and resident of Greenville County, South Carolina.
3. Upon information and belief, Defendant lives in the subdivision Plaintiff is tasked
with governing.
4. That the property which is the subject matter of this action is situate in the County
of Greenville, State of South Carolina, and is described as follows, to-wit:
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All that piece, parcel or lot of land, together with improvements thereon, situate,
lying and being in the County of Greenville, State of South Carolina, being shown
and designated as Lot 66 on a Final Plat of Windy Ridge, prepared by Freeland &
Associates, Inc., dated August 29, 2016, and recorded in the Office of the Register
of Deeds for Greenville County in Record Book 1261 at Page 78. Reference is made
to said plat for a more complete and accurate description. Be all measurements a
little more or less.
This being the same property conveyed to Tawanna L. Simpson by deed of Essex
Homes Southeast, Inc., dated September 28, 2018 and recorded October 3, 2018 in
Deed Book 2549 at Page 1215 in the Office of the Register of Deeds for Greenville
County.
TMS: 0560150102100
ADDRESS: 19 Fowler Oaks Lane
Simpsonville, SC 29681
Jurisdiction and venue are, therefore, proper in the County of Greenville, State of South
Carolina.
FACTUAL ALLEGATIONS
5. Upon information and belief, Defendant purchased the subject property from Essex
Homes Southeast, Inc. on or about September 28, 2018.
6. Upon information and belief, the subject property is located in Windy Ridge
Subdivision, whose “Declaration of Covenants, Conditions and Restrictions for Windy Ridge
Subdivision” was recorded on June 23, 2017 in the Greenville County Register of Deeds Office
at Deed Book 2515 and Pages 2281 - 2314 (hereinafter “covenants”).
7. The Covenants provide as follows:
5.1 No structure or thing, including but not limited to fences, shall be
placed, erected, or installed upon any Lot and no improvements or other
work (including staking, clearing, excavation, grading, and other site
work, exterior alterations of existing improvements, or planting or
removal of landscaping) shall take place on any Lot except pursuant to
approval and in compliance with This Article and Architectural
Guidelines.
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ELECTRONICALLY FILED - 2023 Sep 22 1:15 PM - GREENVILLE - COMMON PLEAS - CASE#2023CP2304846
8. Upon information and belief, on, about, or before February 9, 2023, Plaintiff
became aware that Defendant had initiated the purchase and delivery of a building and/or building
materials to construct or install a building on the subject property without approval by Plaintiff’s
Architectural Review Committee (hereinafter “ARC”). Plaintiff sent Defendant a letter asking
Defendant on or about February 17, 2023 to cease and desist immediately any further construction
or placement of a building on the lot and subject property. Upon information and belief, Plaintiff
additionally provided Defendant a copy of the governing documents for the Windy Ridge
Homeowners Association Inc. and Defendant thereafter communicated with the Plaintiff and
admitted that she needed approval before beginning her improvement project and building.
9. Plaintiff subsequently sent Defendant notice that Defendant would need approval
by the ARC before the improvements were made on the subject property owned by Defendant.
The letter sent by Plaintiff requested Defendant cease and desist from continuing improvements
until submission of a request was made to the ARC and subsequent approval. The letter
additionally provided Defendant with notice that she would be assessed fines until she was in
compliance with ARC restrictions.
10. Upon information and belief, despite being given notice that Defendant would need
ARC approval for the construction, Defendant continued forward with the construction of the
building.
11. Upon information and belief, Defendant submitted an architectural request form to
the Plaintiff with a photograph of the already completed structure/building on or about April 7,
2023. The Plaintiff communicated through counsel on April 8, 2023 that the board for the Windy
Ridge Homeowners Association Inc. had denied her architectural request. The Plaintiff
additionally notified Defendant that she had fifteen (15) days to remove the structure. Upon
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information and belief, Defendant contacted the Plaintiff through counsel to request time to come
up with a solution. Defendant has not removed the structure.
12. Upon information and belief, as recently as the week of August 14, 2023, Defendant
communicated to the Plaintiff through counsel that she did not intend to comply with the requests
for removal of the shed and that she understood that a lawsuit would soon commence against her
for such refusal to remove the structure. Upon information and belief, Plaintiff gave Defendant
another opportunity to work on removal of the structure and on or about September 14, 2023
Defendant notified Plaintiff through counsel that although she acknowledged she placed the
structure on her property without permission and that she understood this to be in violation of the
covenants that she could not and would not remove the structure.
13. Plaintiff now brings the present suit praying the Court order injunctive relief in the
form of removal of the unauthorized structure and damages for Plaintiff, including attorney fees
and costs.
FOR A FIRST CAUSE OF ACTION
Negligence, Gross Negligence, Willful and Wanton Conduct
14. Plaintiff repeats, realleges, and incorporates by reference all of the above
paragraphs of this Complaint as though fully stated herein.
15. Defendant and her agents, employees, or contractors were negligent, reckless,
grossly negligent, willful, and wanton in one or more of the following particulars:
a. In failing to exercise due care under the circumstances;
b. In failing to investigate the restrictions properly before seeking purchase
and construction of the structure on the subject property;
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c. In failing to follow requirements set forth in the Declaration of
Covenants, Conditions and Restrictions for Windy Ridge
Subdivision, including request for improvements and subsequent approval by ARC;
d. In failing or refusing to adhere to the guidelines set forth in such
covenants; and
e. In constructing or erecting a shed on the subject property without requisite
permission by ARC.
16. Specifically, Defendant was negligent, reckless, grossly negligent, willful and
wanton in one or more of the following particulars:
a. In failing to exercise due care under the circumstances;
b. In constructing, installing or erecting a building or structure on
Defendant’s subject property without permission; and
c. In refusing to remove the building or structure on Defendant’s subject
property at the request of board’s ARC.
17. As a direct and proximate result of the negligence, recklessness, gross negligence,
willfulness, and wantonness of Defendant as aforesaid, Plaintiff sustained damages including,
without limitation, loss of property value, inconvenience, nuisance, and lack of community
aesthetic, along with attorney’s fees and costs.
18. Plaintiff is informed and believes it is entitled to judgment against Defendant for
actual, consequential, and punitive damages for Defendant’s negligence, recklessness, gross
negligence, willfulness, and wantonness, along with such other damages as are deemed just and
proper.
FOR A SECOND CAUSE OF ACTION
Breach of Contract
19. Plaintiff repeats, realleges, and incorporates by reference all of the above
paragraphs of this Complaint as though fully stated herein.
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20. Upon purchase of the subject property, Defendant entered into a contractual
relationship with Plaintiff in that Defendant’s purchase and transfer of title included compliance
with Plaintiff’s written and recorded covenants.
21. The terms of the covenants required Defendant seek and obtain approval from
Plaintiff’s ARC for any construction, erection or installment of any building or structure on
Defendant’s subject property.
22. Despite Plaintiff’s good faith efforts to bring Defendant’s building into compliance
with Plaintiff’s ARC guidelines, Defendant breached the contract by failing or refusing to obtain
approval by Plaintiff’s ARC and by subsequently failing or refusing to remove the structure from
Defendant’s subject property.
23. As a direct result of Defendant’s actions, the terms of the covenants were breached
and Plaintiff suffered damages therefrom.
24. Plaintiff is entitled to damages arising from Defendant’s breach, including without
limitation injunctive relief. Plaintiff further prays this Court grant actual damages, attorney fees
and costs, along with such other damages as are deemed just and proper.
FOR A THIRD CAUSE OF ACTION
Declaratory Judgment
25. Plaintiff repeats, realleges, and incorporates by reference all of the above
paragraphs of this Complaint as though fully stated herein.
26. No justiciable controversy exists as to the validity and enforceability of the
homeowners association, its covenants, or its enforcement power of said covenants because the
association, its covenants, and its ability to enforce said covenants are, in fact, valid and
enforceable.
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27. Plaintiff therefore prays for an order from the Court declaring that (a) the
homeowners association, its board members, and the Architectural Review Committee are valid
and enforceable such that Plaintiff properly brings this action against Defendant for enforcement
of the covenants; (b) Plaintiff has authority over the owners of the properties of the subdivision;
(c) Plaintiff has specific authority over Defendant’s subject property; (d) there is a prohibition
against any outdoor improvements to any properties under Plaintiff’s control without express
permission from Plaintiff; (e) Defendant has failed or refused to obtain approval from Plaintiff’s
ARC to install or construct a shed on Defendant’s subject property; (f) Defendant’s installment or
construction of the shed on Defendant’s property is therefore in violation of the covenants cited
herein; and (g) Plaintiff is entitled to an order of this Court declaring Defendant’s building in
violation of the covenants and ordering Defendant remove or demolish Defendant’s building.
FOR A FOURTH CAUSE OF ACTION
Permanent and Preliminary Injunctive Relief
28. Plaintiff repeats, realleges, and incorporates by reference all of the above
paragraphs of this Complaint as though fully stated herein.
29. The entirely improper and unilateral attempt by Defendant to subvert the covenants
and restrictions on the subject property by installment or construction of an outdoor building on
Defendant’s property restricts and usurps Plaintiff’s ability to enforce the valid covenants and
restrictions for the subdivision and is continuing to cause harm to the Plaintiff.
30. Defendant’s subversion of the Plaintiff and its ARC, along with the subdivision’s
covenants and restrictions, restricts both Plaintiff and the neighboring residents and property
owners of the subdivision from the valid purpose of the homeowners association as well as the
covenants and restrictions for the subdivision which is to ensure the subdivision maintain property
value and community aesthetics of the subdivision.
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31. Plaintiff and its homeowners have suffered and will continue to suffer damages as
a direct result of Defendant’s failure or refusal to comply with the subdivision’s covenants and
restrictions.
32. Plaintiff has a significant chance of success on the merits of this and an injunction
requiring the structure to be removed is just and proper, and Plaintiff has no other adequate remedy
at law.
33. When taking into consideration the balance of hardships between Plaintiff - the
homeowners it represents - and Defendant, the equitable remedy of an injunction pendente lite as
well as a permanent injunction hereby is warranted, and Plaintiff hereby prays that Defendant be
permanently enjoined:
(a) from installing or constructing any additional structures on Defendant’s
subject property without express consent from Plaintiff’s ARC; and
(b) to immediately remove, dismantle or destroy the shed that currently sits on
Defendant’s subject property, or in the alternative that the Plaintiff be
allowed to engage a contractor to have the shed removed.
WHEREFORE, having made its complaint against the Defednant, the Plaintiff prays for:
1. Judgment against Defendant on all causes of action in an amount to be determined
at trial;
2. Declaratory judgment as hereinabove requested;
3. Injunctive relief as hereinabove requested;
4. Attorney’s fees and costs of this action;
5. For any other such and further relief the court deems just and proper.
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Respectfully submitted,
THE DODD LAW FIRM, LLC
By: /s/Michael B. Dodd_
Michael B. Dodd (S.C. Bar No. 100599)
13 Sevier Street
Greenville, SC 29605
Telephone: (864) 747-5607
Facsimile: (864) 243-8255
Email: michael@thedoddlawfirm.com
ATTORNEY FOR PLAINTIFF
September 22, 2023
Greenville, South Carolina
Page 9 of 10
Preview
ELECTRONICALLY FILED - 2023 Sep 22 1:15 PM - GREENVILLE - COMMON PLEAS - CASE#2023CP2304846 STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS ) COUNTY OF GREENVILLE ) C.A. NO.: ) Windy Ridge Homeowners Association, ) Inc., ) ) Plaintiff, ) SUMMONS ) vs. ) (Non-Jury) ) Tawanna L. Simpson, ) (Injunctive Relief) ) (Breach of Contract) Defendant. ) (Declaratory Judgment) _________________________________ ) (Negligence) ) ) TO: THE ABOVE-NAMED DEFENDANT, YOU ARE HEREBY SUMMONED and required to appear and defend by answering the Complaint in this action, of which a copy is herewith served upon you, and to serve a copy of your Answer on the subscribers at their offices at the address below, within thirty (30) days after the service hereof, exclusive of the day of such service; and if you fail to do so, judgment by default will be rendered against you for the relief demanded in the Complaint. Respectfully submitted, THE DODD LAW FIRM, LLC By: /s/Michael B. Dodd Michael B. Dodd (S.C. Bar No. 100599) 13 Sevier Street Greenville, SC 29605 Telephone: (864) 747-5607 Facsimile: (864) 243-8255 Email: michael@thedoddlawfirm.com ATTORNEY FOR PLAINTIFF September 22, 2023 Greenville, South Carolina ELECTRONICALLY FILED - 2023 Sep 22 1:15 PM - GREENVILLE - COMMON PLEAS - CASE#2023CP2304846 STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS ) COUNTY OF GREENVILLE ) C.A. NO.: ) Windy Ridge Homeowners Association, ) Inc., ) ) Plaintiff, ) COMPLAINT ) vs. ) (Non-Jury) ) Tawanna L. Simpson, ) (Injunctive Relief) Defendant. ) (Breach of Contract) _________________________________ ) (Declaratory Judgment) ) (Negligence) ) ) TO: THE ABOVE-NAMED DEFENDANT, COMES NOW Plaintiff Windy Ridge Homeowners Association, Inc., (hereinafter “Plaintiff”) and would respectfully show unto the court as follows: PARTIES AND JURISDICTION 1. Plaintiff is a nonprofit corporation organized and operating pursuant to the laws of South Carolina and operating in Greenville County, South Carolina. 2. Upon information and belief, Defendant Tawanna L. Simpson (hereinafter “Simpson” or “Defendant") is a citizen and resident of Greenville County, South Carolina. 3. Upon information and belief, Defendant lives in the subdivision Plaintiff is tasked with governing. 4. That the property which is the subject matter of this action is situate in the County of Greenville, State of South Carolina, and is described as follows, to-wit: Page 1 of 10 ELECTRONICALLY FILED - 2023 Sep 22 1:15 PM - GREENVILLE - COMMON PLEAS - CASE#2023CP2304846 All that piece, parcel or lot of land, together with improvements thereon, situate, lying and being in the County of Greenville, State of South Carolina, being shown and designated as Lot 66 on a Final Plat of Windy Ridge, prepared by Freeland & Associates, Inc., dated August 29, 2016, and recorded in the Office of the Register of Deeds for Greenville County in Record Book 1261 at Page 78. Reference is made to said plat for a more complete and accurate description. Be all measurements a little more or less. This being the same property conveyed to Tawanna L. Simpson by deed of Essex Homes Southeast, Inc., dated September 28, 2018 and recorded October 3, 2018 in Deed Book 2549 at Page 1215 in the Office of the Register of Deeds for Greenville County. TMS: 0560150102100 ADDRESS: 19 Fowler Oaks Lane Simpsonville, SC 29681 Jurisdiction and venue are, therefore, proper in the County of Greenville, State of South Carolina. FACTUAL ALLEGATIONS 5. Upon information and belief, Defendant purchased the subject property from Essex Homes Southeast, Inc. on or about September 28, 2018. 6. Upon information and belief, the subject property is located in Windy Ridge Subdivision, whose “Declaration of Covenants, Conditions and Restrictions for Windy Ridge Subdivision” was recorded on June 23, 2017 in the Greenville County Register of Deeds Office at Deed Book 2515 and Pages 2281 - 2314 (hereinafter “covenants”). 7. The Covenants provide as follows: 5.1 No structure or thing, including but not limited to fences, shall be placed, erected, or installed upon any Lot and no improvements or other work (including staking, clearing, excavation, grading, and other site work, exterior alterations of existing improvements, or planting or removal of landscaping) shall take place on any Lot except pursuant to approval and in compliance with This Article and Architectural Guidelines. Page 2 of 10 ELECTRONICALLY FILED - 2023 Sep 22 1:15 PM - GREENVILLE - COMMON PLEAS - CASE#2023CP2304846 8. Upon information and belief, on, about, or before February 9, 2023, Plaintiff became aware that Defendant had initiated the purchase and delivery of a building and/or building materials to construct or install a building on the subject property without approval by Plaintiff’s Architectural Review Committee (hereinafter “ARC”). Plaintiff sent Defendant a letter asking Defendant on or about February 17, 2023 to cease and desist immediately any further construction or placement of a building on the lot and subject property. Upon information and belief, Plaintiff additionally provided Defendant a copy of the governing documents for the Windy Ridge Homeowners Association Inc. and Defendant thereafter communicated with the Plaintiff and admitted that she needed approval before beginning her improvement project and building. 9. Plaintiff subsequently sent Defendant notice that Defendant would need approval by the ARC before the improvements were made on the subject property owned by Defendant. The letter sent by Plaintiff requested Defendant cease and desist from continuing improvements until submission of a request was made to the ARC and subsequent approval. The letter additionally provided Defendant with notice that she would be assessed fines until she was in compliance with ARC restrictions. 10. Upon information and belief, despite being given notice that Defendant would need ARC approval for the construction, Defendant continued forward with the construction of the building. 11. Upon information and belief, Defendant submitted an architectural request form to the Plaintiff with a photograph of the already completed structure/building on or about April 7, 2023. The Plaintiff communicated through counsel on April 8, 2023 that the board for the Windy Ridge Homeowners Association Inc. had denied her architectural request. The Plaintiff additionally notified Defendant that she had fifteen (15) days to remove the structure. Upon Page 3 of 10 ELECTRONICALLY FILED - 2023 Sep 22 1:15 PM - GREENVILLE - COMMON PLEAS - CASE#2023CP2304846 information and belief, Defendant contacted the Plaintiff through counsel to request time to come up with a solution. Defendant has not removed the structure. 12. Upon information and belief, as recently as the week of August 14, 2023, Defendant communicated to the Plaintiff through counsel that she did not intend to comply with the requests for removal of the shed and that she understood that a lawsuit would soon commence against her for such refusal to remove the structure. Upon information and belief, Plaintiff gave Defendant another opportunity to work on removal of the structure and on or about September 14, 2023 Defendant notified Plaintiff through counsel that although she acknowledged she placed the structure on her property without permission and that she understood this to be in violation of the covenants that she could not and would not remove the structure. 13. Plaintiff now brings the present suit praying the Court order injunctive relief in the form of removal of the unauthorized structure and damages for Plaintiff, including attorney fees and costs. FOR A FIRST CAUSE OF ACTION Negligence, Gross Negligence, Willful and Wanton Conduct 14. Plaintiff repeats, realleges, and incorporates by reference all of the above paragraphs of this Complaint as though fully stated herein. 15. Defendant and her agents, employees, or contractors were negligent, reckless, grossly negligent, willful, and wanton in one or more of the following particulars: a. In failing to exercise due care under the circumstances; b. In failing to investigate the restrictions properly before seeking purchase and construction of the structure on the subject property; Page 4 of 10 ELECTRONICALLY FILED - 2023 Sep 22 1:15 PM - GREENVILLE - COMMON PLEAS - CASE#2023CP2304846 c. In failing to follow requirements set forth in the Declaration of Covenants, Conditions and Restrictions for Windy Ridge Subdivision, including request for improvements and subsequent approval by ARC; d. In failing or refusing to adhere to the guidelines set forth in such covenants; and e. In constructing or erecting a shed on the subject property without requisite permission by ARC. 16. Specifically, Defendant was negligent, reckless, grossly negligent, willful and wanton in one or more of the following particulars: a. In failing to exercise due care under the circumstances; b. In constructing, installing or erecting a building or structure on Defendant’s subject property without permission; and c. In refusing to remove the building or structure on Defendant’s subject property at the request of board’s ARC. 17. As a direct and proximate result of the negligence, recklessness, gross negligence, willfulness, and wantonness of Defendant as aforesaid, Plaintiff sustained damages including, without limitation, loss of property value, inconvenience, nuisance, and lack of community aesthetic, along with attorney’s fees and costs. 18. Plaintiff is informed and believes it is entitled to judgment against Defendant for actual, consequential, and punitive damages for Defendant’s negligence, recklessness, gross negligence, willfulness, and wantonness, along with such other damages as are deemed just and proper. FOR A SECOND CAUSE OF ACTION Breach of Contract 19. Plaintiff repeats, realleges, and incorporates by reference all of the above paragraphs of this Complaint as though fully stated herein. Page 5 of 10 ELECTRONICALLY FILED - 2023 Sep 22 1:15 PM - GREENVILLE - COMMON PLEAS - CASE#2023CP2304846 20. Upon purchase of the subject property, Defendant entered into a contractual relationship with Plaintiff in that Defendant’s purchase and transfer of title included compliance with Plaintiff’s written and recorded covenants. 21. The terms of the covenants required Defendant seek and obtain approval from Plaintiff’s ARC for any construction, erection or installment of any building or structure on Defendant’s subject property. 22. Despite Plaintiff’s good faith efforts to bring Defendant’s building into compliance with Plaintiff’s ARC guidelines, Defendant breached the contract by failing or refusing to obtain approval by Plaintiff’s ARC and by subsequently failing or refusing to remove the structure from Defendant’s subject property. 23. As a direct result of Defendant’s actions, the terms of the covenants were breached and Plaintiff suffered damages therefrom. 24. Plaintiff is entitled to damages arising from Defendant’s breach, including without limitation injunctive relief. Plaintiff further prays this Court grant actual damages, attorney fees and costs, along with such other damages as are deemed just and proper. FOR A THIRD CAUSE OF ACTION Declaratory Judgment 25. Plaintiff repeats, realleges, and incorporates by reference all of the above paragraphs of this Complaint as though fully stated herein. 26. No justiciable controversy exists as to the validity and enforceability of the homeowners association, its covenants, or its enforcement power of said covenants because the association, its covenants, and its ability to enforce said covenants are, in fact, valid and enforceable. Page 6 of 10 ELECTRONICALLY FILED - 2023 Sep 22 1:15 PM - GREENVILLE - COMMON PLEAS - CASE#2023CP2304846 27. Plaintiff therefore prays for an order from the Court declaring that (a) the homeowners association, its board members, and the Architectural Review Committee are valid and enforceable such that Plaintiff properly brings this action against Defendant for enforcement of the covenants; (b) Plaintiff has authority over the owners of the properties of the subdivision; (c) Plaintiff has specific authority over Defendant’s subject property; (d) there is a prohibition against any outdoor improvements to any properties under Plaintiff’s control without express permission from Plaintiff; (e) Defendant has failed or refused to obtain approval from Plaintiff’s ARC to install or construct a shed on Defendant’s subject property; (f) Defendant’s installment or construction of the shed on Defendant’s property is therefore in violation of the covenants cited herein; and (g) Plaintiff is entitled to an order of this Court declaring Defendant’s building in violation of the covenants and ordering Defendant remove or demolish Defendant’s building. FOR A FOURTH CAUSE OF ACTION Permanent and Preliminary Injunctive Relief 28. Plaintiff repeats, realleges, and incorporates by reference all of the above paragraphs of this Complaint as though fully stated herein. 29. The entirely improper and unilateral attempt by Defendant to subvert the covenants and restrictions on the subject property by installment or construction of an outdoor building on Defendant’s property restricts and usurps Plaintiff’s ability to enforce the valid covenants and restrictions for the subdivision and is continuing to cause harm to the Plaintiff. 30. Defendant’s subversion of the Plaintiff and its ARC, along with the subdivision’s covenants and restrictions, restricts both Plaintiff and the neighboring residents and property owners of the subdivision from the valid purpose of the homeowners association as well as the covenants and restrictions for the subdivision which is to ensure the subdivision maintain property value and community aesthetics of the subdivision. Page 7 of 10 ELECTRONICALLY FILED - 2023 Sep 22 1:15 PM - GREENVILLE - COMMON PLEAS - CASE#2023CP2304846 31. Plaintiff and its homeowners have suffered and will continue to suffer damages as a direct result of Defendant’s failure or refusal to comply with the subdivision’s covenants and restrictions. 32. Plaintiff has a significant chance of success on the merits of this and an injunction requiring the structure to be removed is just and proper, and Plaintiff has no other adequate remedy at law. 33. When taking into consideration the balance of hardships between Plaintiff - the homeowners it represents - and Defendant, the equitable remedy of an injunction pendente lite as well as a permanent injunction hereby is warranted, and Plaintiff hereby prays that Defendant be permanently enjoined: (a) from installing or constructing any additional structures on Defendant’s subject property without express consent from Plaintiff’s ARC; and (b) to immediately remove, dismantle or destroy the shed that currently sits on Defendant’s subject property, or in the alternative that the Plaintiff be allowed to engage a contractor to have the shed removed. WHEREFORE, having made its complaint against the Defednant, the Plaintiff prays for: 1. Judgment against Defendant on all causes of action in an amount to be determined at trial; 2. Declaratory judgment as hereinabove requested; 3. Injunctive relief as hereinabove requested; 4. Attorney’s fees and costs of this action; 5. For any other such and further relief the court deems just and proper. Page 8 of 10 ELECTRONICALLY FILED - 2023 Sep 22 1:15 PM - GREENVILLE - COMMON PLEAS - CASE#2023CP2304846 Respectfully submitted, THE DODD LAW FIRM, LLC By: /s/Michael B. Dodd_ Michael B. Dodd (S.C. Bar No. 100599) 13 Sevier Street Greenville, SC 29605 Telephone: (864) 747-5607 Facsimile: (864) 243-8255 Email: michael@thedoddlawfirm.com ATTORNEY FOR PLAINTIFF September 22, 2023 Greenville, South Carolina Page 9 of 10