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Old 02-03-2007, 10:33 PM
 
1,479 posts, read 2,577,929 times
Reputation: 690
Default help- covenants not enforced

My development was just finished being built out and we do not have an HOA but we do have covenants. Many residents have broken some of the covenants, some really bad. Since we dont have an HOA the residents say "what are you going to do about it". I am wondering if anyone (including realtors) have any ideas on this or have been involved with this. Every owner signed the covenants when buying and they are bound to the property for 2 years. Thanks!
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Old 02-04-2007, 06:51 AM
 
Location: Wake Forest
2,828 posts, read 8,006,555 times
Reputation: 1014
If you have restrictive covenants then someone is responsible for "enforcing them". If your neighborhood was just finished, then most likely, the developer of the neighborhood is the one with the 'responsibility' to enforce the covenants. In my neighborhood, once we had 90 percent occupancy (it is different per development) the developer of the property had the ability to turn over control to the homeowner's. During the time before we go to this place, he had hired HRW to manage our neighborhood. We were quite unhappy with their management, so the homeowner's met with the developer, and once he gave us control of the neighborhood we hired our own management company. Another neighborhood I lived in was self managed with an elected board from the neighborhood, which worked well for us.

So, you need to figure out who the developer for the neighborhood is, and start calling them. Look on your closing statement and see if there is any mention of a management company. Read through your convenants completely and determine what/how the turn over to the neighborhood will begin. My guess is someone will to manage in order to enforce the covenants and, more importantly, collect the monies.

Hope this helps
Leigh
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Old 02-04-2007, 10:17 AM
 
1,479 posts, read 2,577,929 times
Reputation: 690
Default ignoring us

The developer is supposed to enforcing the covenants but he is not. He is ignoring the fact that he is supposed to be doing this. A few people have sent letters and called but he justs "yes;s" us but doesnt make people follow the covenants. It is in writing that he is supposed to do this in our covenants for up to year after selling the last lot if there is not an association in place which is the case. In the meantime more and more peope are breaking the covenants, boats, trailers mobile homes.

I am not fond of having to involve lawyers because of the cost and the violators have said that they would fight it. The developer is letting time pass as he convinces people that he is "going to' enforce them. The people seem to think that since there is no HOA in place that the covenants are not enforceable and that even if one were to be formed that they should be "grandfathered" in.
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Old 02-04-2007, 10:29 AM
 
Location: Wake Forest
2,828 posts, read 8,006,555 times
Reputation: 1014
My suggestion is go around and talk to your neighbors (clearly the ones violating the restrictions may not want to be involved) but get together as a group. In our neighborhood, one neighbor went around and got everyone's email address and we started discussing our concerns, we had meetings, we got organized. Coming together as a group is much more powerful than individuals calling separately. Our group was willing to chip in for an attorney, and then it deferred the costs for us. It definitely takes planning and dedication, but we are much happier now. The developer doesn't want "press coverage" on this thing, so organize your neighborhood, and I am sure you can make some changes. Make sure you go to him with suggestions (hiring a management company for one) so that it is not open ended.

Leigh
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Old 02-04-2007, 12:36 PM
 
401 posts, read 1,074,419 times
Reputation: 196
The developer can and should enforce the covenant. If they don't, it is up to you (either individually or as a group) to hire a lawyer to enforce covenants.
If you can unite it will lower costs for each person, however the high cost to fight violaters is usually not worth it to most.
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Old 02-05-2007, 03:53 AM
 
987 posts, read 1,656,467 times
Reputation: 1243
Even with a regular homeowner's association, it's often hopeless. At our last neighborhood we lived next to a man who had been building his own house for 7 years, and tried for 5 years to get the HOA to force him to finish it. They sent letters, they called him, they even "fined" him (or so they say). But when push came to shove they never did anything about it.

HOAs are a rip off IMHO. Just be glad at least in your case you aren't paying for anyone's services on top of everything else. They take your money and give you NOTHING back in return---except a false sense of security.
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Old 02-05-2007, 04:11 AM
 
98 posts, read 432,035 times
Reputation: 48
you haven't described what covenants that neighbors are in breach of - some are more material than others and it could be that the developer doesn't consider the matters to be a material breach and therefore not worth the hassle to enforce
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Old 02-05-2007, 08:08 AM
 
1,479 posts, read 2,577,929 times
Reputation: 690
Default direct violations

They are directly violating the rules. Boats, trailers, disabled cars, commercial trucks, construction equipment are not supposed to be anywhere on a lot yet they are
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Old 02-05-2007, 09:00 AM
 
428 posts, read 795,980 times
Reputation: 206
We had the same issue in our neighborhood and tried to form a HOA to no avail. Check your local regulations to see if any of these covenants are also enforced by the city or town. Good luck.
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Old 02-05-2007, 02:26 PM
 
1,479 posts, read 2,577,929 times
Reputation: 690
Default outsode of city limits

Quote:
Originally Posted by aphorista View Post
We had the same issue in our neighborhood and tried to form a HOA to no avail. Check your local regulations to see if any of these covenants are also enforced by the city or town. Good luck.
Too bad for us that we are only wake county and not inside of ay city limits.
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