Quote:
Originally Posted by 784caroline
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....
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I'm sure you can ask the ARC for a determination in writing as to violations.
If they didn't agree, you would lose more than likely.
But they just are not required to enforce, but they may (especially with several neighbors on board and the effect of the golf course).
You can also add the ARC to the suit for failure to follow it's own guide lines.
100% certain of the outcome, never. Just reasonably sure.
The first thing a good lawyer would do is look up case law on the subject.
As to cost my guess is $750-$1,000, it's only a motion & reply, then maybe a hearing or determination by submission.
A home on a golf view is likely over a $500K investment, what's the cost a small a small lawsuit be comparison.
"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"
That would NOT be a legal precedent.
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