Quote:
Originally Posted by jimbo2012
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.
I'm sure other sections at TV have the same or similar language. |
Jimbo2012
Yes a homeowner has the right to sue, but as you told me earlier, please read the entire provision. The developer also has the right but not the duty to enforce code violations. As I mentioned before if you dont have the backing of the ARC, your chances of succes are greatly dimisished. If (alleged) covenant violations are brought to their attention of teh ARC and they fail to take action, that does not set a very good legal precedent...or else there is a reason why.
In addition you are talking about a fair amount of money to hire lawyers and especialy if you go to court... you have to ask are you 100% certain of the outcome? You cant sue on emotions....