Deed restrictions requiring the approval of a condominium’s governing council before an owner can alter his or her unit are only enforceable if they articulate a “clear, precise and fixed standard” for evaluating the owner’s request, the Delaware Court of Chancery has ruled.
Master in Chancery Abigail LeGrow issued the decision when she declared a Sussex County condominium complex’s deed restrictions, also known as an “architecture review covenant,” unenforceable under Delaware law because they do not detail any standards for the council to consider before approving or rejecting an owner’s request.
