If I received a certified letter that I need to move my swing set to comply with covenants, what happens if I do not comply?

There are 3-4 other houses with the same set up we have and they are not being targeted. I feel like I am being singled out. There are covenants that are enforced for some but not others is this allowed? What kind of action can they take against me if I take no action? Also, my wife and I are now feeling harassed and she is intimidated and at times scared to go outside as contractors drive slowly by the house and will pull into the driveway and park for a minute. We have since put the house on the market.

Asked on May 29, 2012 under Real Estate Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

1) If you have violated covenants, you could be sued for a court order directing you to remove the swing set, as well as for monetary compensation for any costs or damages caused by your breach of the covenant.

2) There is no law that says that covenants must generally be enforced even-handedly; however, that said, certain kinds of discrimination in regards to housing (such as racial discrimination) are illegal. If you think you are being targeted for a discrminatory reason, you may have a legal claim and should consult with an attorney to explore your options.

3) If it is your driveway (not a public or common drive) no one may park in it without your permission. If contractors do, try taking a picture (e.g. using a cell phone camera) and then calling the police to report them for trespassing.


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