What can be done when my HOA does not enforce deed restrictions?
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What can be done when my HOA does not enforce deed restrictions?
I have 2 neighbors who consistently park in their front yards and has trash like hoarders piled out front on the sides of their home. My HOA has refused to let me know what is being done about the situation after two years of complaining. I am unable to even list my home, and it is beautiful, according to realtors because of how bad it looks to even bring someone out.
Asked on August 19, 2011 Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Speak with a real estate attorney, one who can evaluate the deed restrictions in question as well as all HOA rules, agreements, etc. binding residents. It is *possible* that you may be able to either bring a legal action to force the HOA to take action, on the grounds they are violating a duty owed to you (which duty could be founded in the deed restrictions or other agreements) and/or bring a legal action directly against the homeowners to enforce the deed restrictions, as a third party beneficiary of the agreements binding them. It is also possible that you may be able to bring a common law nuisance action against these homeowners, or possibly there are local (i.e. municipal) ordinances about trash, garbage, etc. which they are violating. There might be recourse; the way to look into it is to start by having an attorney read all the documentation/agreements (the specific language and terms is key) and by looking into local ordinances. Good luck.
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