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[Gene GeRue <genegerue AT ruralize.com>]

> 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.