I believe there may be a good reason why the CDDs don't do the monitoring (reporting) of potential deed restriction violations. If they were responsible for monitoring then they could open themselves up to claims of "selective enforcement". "Selective enforcement" claims come about when a deed restriction violation has existed for some period of time at one house but not others. When a violated deed restriction is brought to a homeowner's attention but the same violation has existed for some period of time at another house, they can claim "foul" and possibly succeed in not having to remedy the violation. I have seen this happen in a previous deed restricted community. By not being responsible for monitoring (and only enforcement when potential deed restriction violations are brought to their attention), the CDDs may be protecting themselves and their ability to enforce the deed restrictions. If would be difficult and costly to effectively monitor (i.e. not miss any violations) 65K houses. Of course, when potential deed restriction violations are brought to their attention it is important that they correctly interpret the written deed restrictions and enforce them, if an actual deed restriction violation exists, each and every time.
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Originally Posted by skip0358
All I can say is people who live in glass houses shouldn't throw stones. The are numerous house with violations if you really went over the rules period. So IF someone gets their briefs in a bunch or gets bored all they have to do is ride around look and complain so as to make someone else's life as miserable as theirs apparently is. I do believe the rules need to be revisited as some things are just wrong. If it's a violation the District should be doing the checking and complaining not the bored people riding around with nothing better to do or an axe to grind. JMO
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