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  • From: Gene GeRue <genegerue AT ruralize.com>
  • To: homestead AT lists.ibiblio.org
  • Subject: Re: [Homestead] Real Estate Question
  • Date: Sat, 30 Sep 2006 18:40:40 -0500


One thing to remember about deed restrictions is they
are separate enforcement than codes and laws. In AZ.
and I'm sure most of the country, a deed restriction
is enforced only by civil action.

Or not. An interesting case concerned the house next to ours in Phoenix. The developer had stipulated in the CC&Rs that only single-story houses could be built. The court ruled that the restriction was unenforceable because there was no homeowner's association to enforce it. I think the court was wrong and shirked it's duty, but the two-story house got built. The suit was filed by the guy we bought our house from. He was then an attorney and was a municipal judge when we bought his house.






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