Smith v. Butler Mtn. Estates Property Owners Assoc

In Smith v. Butler Mtn. Estates Property Owners Assoc., 90 N.C. App. 40, 48, 367 S.E.2d 401, 407 (1988), the plaintiffs submitted a set of plans for a proposed dwelling to the architectural review committee for approval. Plaintiffs' plans were rejected because they failed to meet the restrictive covenant's square footage requirement. Plaintiffs then submitted a second set of plans which were rejected by the architectural review committee based on the roofline and geodesic design of the house. The plaintiffs were sent a letter from the president of the property owners association indicating that the proposed house reflected a marked departure from the home-building styles in the area and that the plaintiffs might consider a design closer to those in existence. The plaintiffs were given a definite and legitimate reason why their application had been denied, as well as suggestions on what changes were needed for possible reconsideration and approval. Therefore, this Court held that the architectural review committee had acted reasonably in denying plaintiffs' application. Smith, 90 N.C. App. at 48, 367 S.E.2d at 407.