Quote:
Originally Posted by JustSomeGuy
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.
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You should read the deed restrictions and go to one of the sessions explaining the structure of our local government. That session would be an excellent place to get accurate, authoritative information about this.
- The CDD does not know of a violation before it is presented to them at a CDD meeting. The CDD has no eyes, it has no investigative powers, it has no agents, it has no representatives. The CDD has five commissioners who have monthly meetings that cover many topics, one of which are notifications of deed compliance violations.
- I have not heard of a single case where a complaint was brought before the CDD that they did not vote to enforce compliance. No selectivity, just overall enforcement. At times CDDs have expressed regret that they were not able to disregard a violation but in the end, they voted for enforcement.
- No, the CDD does not allow signs. When the CDD is made aware of a sign, they take appropriate action to have the sign removed.
We can argue all day about who is correct in their personal interpretation but that will get us nowhere. I cannot prove a negative, I cannot prove that there was never a case that claimed selective enforcement that was denied. I can assert that I am not aware of any such cases but there is no way to prove that.
You, on the other hand, have a much simpler task. Show one case where a deed restriction violation has been allowed to continue on the basis of selective enforcement. Show just one and it will prove your case and make some Villagers quite hopeful about their particular situation.