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Recorded covenants may be enforced by anyone who is a victim of the covenant violation. That person or persons may file a lawsuit for injunctive relief prohibiting violation of the covenants in any court having jurisdiction over the matter.
Another Answer
Some governing body defined the covenants and that governing body must have an enforcment process. Chat with the city attorney or the local sheriff to verify the covenants you believe are being violated, and then research who you go to to effect enforcement.
(Both answers are giving the same advice.)
The governing body that created the covenants is responsible for enforcing them.
If no association exists, then you must turn to the county sheriff, or local police to enforce their covenants/ laws. Your local land-use office can confirm the existence of an association -- or confirm that there is no association for every address involved.
If your association is simply inactive, then enforcing any part of the governing documents is problematic.
A local common-interest-community-savvy attorney can help you plan to activate your association so that existing covenants can be enforced.
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Can a non-mandatory Florida homeowners association be converted to a mandatory association under Florida ss 720.403 without the parcel owners consent?
A homeowners association cannot be a mandatory association without the consent of 100% of the property owners in the development attempting to establish an association. In addition to the consent of the property owners, the association must follow certain procedures and file the proper documents in order to subject the property to the association's rule.
What is the contact number for the Cliff Gardens town Homes Homeowners Association or the Property Manager?
Without a state listing, this will be a tough question to answer. You can ask anyone on the board of this association, or any property owner, who should have or be able to get that information for you.
Can a homeowners association lien impede a mortgage loan?
If you are the seller, notice that the lien must be satisfied before title can be transferred to a new owner. If you are a buyer, notice that the lien must be paid -- thus affecting the amount of your new equity, before title is transferred.
Can a residential covenant be enforced after a violation has been in place with no notice of non compliance for 5 years?
You need to review the instrument that created the Protective Covenants and restrictions. There is usually a provision that will address your question such as the following example: [Enforcement and Attorneys
Can you have homeowners insurance without wind coverage?
yes
Can you enforce child support without court order if non-custodial parent dies?
No order to enforce
Can you be held liable to a homeowners association you did not agree to?
If you purchased real estate already established as a homeowners association, you are subject to that private government. You received copies of the governing documents when you sat with the title company and signed that mountain of documents. Your realtor told you that you were buying into an association. _______________ However . . . If you purchased real estate in a community without an association, and your neighbors are forming an association, as an owner you are entitled to full disclosure as to what your liabilities are and/or will be once the association is formed. Usually, you can resist joining a newly formed association by being 'grand-fathered in' in your current exempt state, but when the property is sold, it may be required to become subject to the association -- or not. This is a legal issue with no standard. Best practices dictate that you engage the services of a local common-interest-community attorney to help you preserve and participate in the position you want.
Can a homeowners association sell off part of its common area without 100 percent agreement by all homeowners?
Read your governing documents to determine the process required to sell part of the common area. This may require an uber-majority of owners' votes, an amendment to your CC&Rs and so forth. Your association's legal counsel can answer this question specifically.
Can a home owners association representative enter privately owned property and conduct a survey and report of said property without notification or prior consent from the owner?
You need to check the Homeowners' Association Rules and Regulations for any provision that would allow such an action. If that privilege was not reserved in the association documents, and the owner didn't grant that right in any other signed document then the answer would be NO.
Can your insurance company raise your homeowners deductible without you consent?
it depends on the company
How do you use the word enforce in a sentence?
Teachers should enforce the classroom rules.
Does a subdivision without common areas need liability insurance and why?
I don't see any need for liability insurance in the case you described. In cases where you have a homeowners association or a condo owners association and they own common property such as a swimming pool, parks, roofs, sidewalks, etc. then they would have a need for both property and liability insurnance to cover these areas. This is what you dues are in place to pay for as well as maintenance.
