Re: New thread about deed restrictions
I currently live in a deed restricted community. We are not permitted sheds in our yards. Someone decided they were above the rules and installed one. First they were told it was not permitted. They ignored. Next our HOA lawyer attempted to notify their mortgage company they were in default of their mortgage. One of the many items you sign at settlement is a declaration to your mortgage company that you will comply with all county/town ordinances, deed restrictions etc. or be in default. That didn't work because said party didn't have a mortgage. Next step chancellery court. The judge ordered arbitration. No agreement. Judge ordered binding arbitration. Outcome,it was agreed that the violator would hire a contractor to permanently affix the shed to the back of the house and side it to match so it would look like it was part of the house. Lookslike $%&r but that was the compromise. But that is an example of how it can be enforced. I know of another case where a garage is mandatory on all homes and the violator was taken to court and because he had built his house in such a way as a garage would be too close to the set back the judge ordered him to purchase 5 feet of the neighbors lot and begin building the garage in 90 days or less. Failure to do so would result in a court order to demolish the house. He bought the property and built the garage post haste!
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