Quote:
Originally Posted by ajbrown
This is for discussion sake only, I have no issues I am trying solve. I still am not convinced The Villages could not enforce the parking deed restriction if they wanted to, based on the items I cited in post #28. These opinions and cases did not address a parking violation for the county, but rather a "breach of contract" by the homeowner not abiding by the deed restrictions.
I am not advocating TV spend any resources to address this issue, but it seems to me there is precedence to enforce this without the county changing anything.
Am I missing something in the cases I cited that could never apply here?
|
If we agree that local police have no enforcement power sans an ordinance or specific statute defining a restriction, it would appear the only remedy would be through "breach of contract" litigation......who would initiate the suit? Who would pay for it?
I lifted this from a Florida reference, the Oakdale Reserve Estates Homeowners Association in Tampa.
Enforcing Deed Restrictions
Any violations of laws or ordinances may be enforced by the applicable governmental agency; however, any violations of deed restrictions may only be enforced by those who are beneficiaries of the restrictions. Because the Oakdale Reserve Homeowner Association is voluntary homeowners' association, it has no legal standing in enforcing deed restrictions. As a result, the only enforcement mechanism is for a resident or group of residents within the affected section to take legal action against the offending party. This often pits neighbor against neighbor.
You're research and citations are interesting.