Quote:
Originally Posted by Bill14564
This case was ruled in favor of the association and against the enclosed balcony. The HOA rules against enclosed balconies constructed after 1981 were allowed to stand.
The CDDs do not appear to be practicing selective enforcement. I am not aware of any case of a valid complaint being ignored or a deed restriction violation being allowed to continue. In every case I am aware of, the CDDs have taken action to require deed restrictions to be obeyed.
Now, the argument might be different for an internal deed restriction. While the CDDs must operate "in the sunshine," the Developer does not. There is a standing belief/accusation that the Developer has ignored internal deed restriction violations which were brought to their attention. If this is true, if the Developer has chosen to not enforce the restrictions, then future enforcement might be challenged as being selective.
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I think you misunderstand what selective enforcement means. Legally it means if the CDD or one of it's agents/enforcers knows of or sees a violation and ignores it due to no complaints they are selectively enforcing the deed restriction. The CDD can say anything they want or put a policy of requiring a complaint be filed. That has no legal standing and in fact shows selective enforcement. Judge looks at facts... does the CDD allow say, signs or not. Yes or no question. You either have a deed restriction or you do not. They are not voluntary, we sign our rights away at closing. CDD's, if challenged (key point. You can say anything and if people comply so be it.) would not be able to show that they enforce deed restrictions uniformly and they have a duty, for the protection of all who signed the deed restrictions, to do so. Current policy would allow this situation - two houses have contractor signs in front yard. One gets a complaint and visit from CDD rep telling them to remove sign. CDD rep sees sign across street and does nothing due to no complaint. Rep allows sign to stay and drive off. Deed restriction is being enforced selectively, which is not part of the documents we signed.