Quote:
Originally Posted by BrianL99
Where does the Developer derive the right to drop enforcement, onto the CDD's?
I assume the Developer has the right to assign his enforcement rights to whomever he wishes, but it seems the Assignee would have to affirmatively accept them?
I haven't read all that many TV deeds, so that's a question, not an assertion.
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The covenant says that the Developer MAY enforce internal restrictions. It doesn't say that they WILL enforce them. It wasn't all that big a deal until the last decade or two, when the older generation of owners passed on, and children inherited the properties. Once that happened, they would move in - or rent - or sell - without concerning themselves with who the buyers were.
There was also a wave of new construction when people could buy the land for little to zero money, with the contract to build on it. They got the home cheap, and flipped it as an investment. That was before the Developers realized how much money people were making off these new homes and built a "no flipping for the first year" rule into the new contracts.
Now, it -seems- as though everyone and their brother is either in the process of buying and flipping, or bought because someone else bought and flipped. I know it's just a perception and hardly the reality, but that's what makes the news.