Any restriction, reservation, condition, exception, or covenant in any subdivision plan, deed, or other instrument of or pertaining to the transfer, sale, lease, or use of property which would permit residential use of property but prohibit the use of the property as a family care home as defined in G.S. 160D-907 is void as against public policy to the extent of the prohibition and shall be given no legal or equitable force or effect.
N.C. Gen. Stat. § 168-23
Certain private agreements void
Applied in 2 court decisions — leading case Westwood Homeowners Ass'n v. Tenhoff (1987)
Most recently applied in 178 N.C. App. 635 - Hedingham Community Ass'n v. GLH Builders, Inc. (August 2006)
1981, c. 565, s. 1; 2019-111, s. 2.6(j); 2020-3, s. 4.33(a); 2020-25, ss. 49(a), (c), 51(a), (b), (d).
Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.