The South Carolina Court of Appeals has offered insight into its opinion on the issue of whether a developer may contractually create and enforce jury trial and class action waivers in a master deed. The Court’s position is good news for developers and those who represent them.[i]

In The Gates at Williams-Brice Condominium Association and Katharine Swinson, individually, and on behalf of all other similarly situated v. DDC Construction, et al, 2016 WL 4537655, the Court specifically examined whether jury trial and class action waivers included in a master deed are enforceable. The Court, reversing the circuit court, found the waivers enforceable.

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