Quote:
Originally Posted by Bill14564
The developer is not the only one who can enforce the deed restrictions. If you have read yours and believe you are correct then continue reading to the enforcement section. In mine, the first part of that section says the owners have the right and the duty to prosecute to bring compliance. Exercise your right, perform your duty, and initiate prosecution to stop what you believe to be a deed violation.
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I agree with you...but, here's the "catch 22" if you have not actually gone through the motions to exercise your right, yet. We (as a neighborhood in the general area of Lake Sumter) have not taken that step. I have relatives in another state, in a beautiful 55 golf community, who have had to take a stand... it started as isolated and has progressed to uncontrollable. The developers and the county are of NO help, the local police will help only when they have a legal right to... they can nothing to do with deed restrictions. So you are correct about each of us having a process right in our deed restriction, but if you ever have a need so threatening you need to take those steps, you will have to have a great deal of money to proceed. That's the catch-22 of all this, developers know it, real estate attorneys and agents know it, even state legislatures know it...you CAN fight, but it takes more money than most retirees have. Have you ever read one of those "lemon law" contracts when you buy a new car ? Sure it makes people feel protected, they have the "right", but, when they find out how much time, and MONEY it takes, most can't face it. Those who benefit KNOW this, car companies, credit card companies, banks, and developers !