Tuesday, July 28, 2009

Does a developer have to enforce the covenants for all builders in a development?

Architectual guidelines, colors, etc. for some people, but not others?

Does a developer have to enforce the covenants for all builders in a development?
The developer (if it's an ongoing development), the association, the management company... all are legally allowed to enforce covenants, but none is REQUIRED to do so.





In the end, enforcement lies with a nearby or neighboring property owner who is affected by a breach of a covenant or other deed restriction.
Reply:Actually it is the responsibility of the property owners to enforce the covenants. Not the developer.. He can set the rules when he sells a property, but once it is sold, he has no more say in it than any other property owner..





That is the way I was told when I built in my subdivision.. Neighborers were afraid I would put up a junk house, only to find that I built the nicest house in the area, and It raised all the surrounding taxes. LOL
Reply:It is the responsiblity of the HOA to enforce the rules. However, a lot of times the developer is the HOA until they turn it over to the owners.
Reply:There must be a uniform guidelines not pick and choose one according to me


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