If I live in a subdivision that contains restrictive covenants but there is no HOA involved, how can I see that the covenant is enforced?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I live in a subdivision that contains restrictive covenants but there is no HOA involved, how can I see that the covenant is enforced?
I have sent the homeowner a letter with a deadline but it did no good. Can I take him to small claims or does this need to go to a higher court.
Asked on April 30, 2012 under Real Estate Law, Kentucky
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If the community that you reside in has recorded restrictive covenants but there is no HOA or board of directors enforcing them, the best way to enforce what that is not being enforced is to consult with an attorney who practices in the area of planned unit developements such as yours to write a letter seeking compliance with the restrictive covenants to the person who is not.
The problem with many small claims courts is that they do not have jurisdiction to enforce restrictive covenants per code (mandatory or prohibitory injunctions).
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.