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Old 12-30-2009, 08:04 PM
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Quote:
Originally Posted by chacam View Post
In my declaration, there is a section titled "Enforcement".

I read it as stating that owners have the right and duty to prosecute (sue) violators of covenants or restrictions and that the developer has the right but not the duty to prosecute (sue) those who are violating or attempting to violate to prevent such violations.

So, if your neighbor is in violation, you must (you have the right and duty) sue them. The developer can sue them if he wishes.

Nowhere is it stated that the CDD has any enforcement powers, just the developer.

I think the deed compliance officers are blowing smoke. Only a lawsuit can settle the matter.

One has to wonder if the developer would actually sue somebody who is selling real estate or baking cookies in their home. I'm guessing that the negative fallout would far outweigh any benefit they might derive.

I repeat again, that when I spoke to them on the phone, I asked what they would do if I didn't comply. The answer was, "turn it over to the county."
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