Quote:
Originally Posted by 784caroline
The talk about a lawsuit is nuts unless you have the backing of ARC, and even then if the ARC cannot resolve it, a judge would most likely throw it back to them and then you are in limbo. .
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That's not the way it works at all, if the ARC guidelines or restrictions are not met, in your deed it clearly states that the developer gives you the right to have them enforced in a Court before or after the work is done.
Moreover, the loser pays all your legal costs by way of the deed restrictions.
I'm reading mine in #215,
5 Enforcement
Spells it out in very simple terms.
If I paid the premium to have a golf view I would exercise my rights to the fullest extent of the law.
Not only is this owner affecting Happynow but also the users of the golf course, which is also spelled out. section 2.7
I'm sure other sections at TV have the same or similar language.