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  • From: VAN DELL JORDAN <vdjor AT yahoo.com>
  • To: homestead AT lists.ibiblio.org
  • Subject: Re: [Homestead] Intentional Communities
  • Date: Thu, 21 Jun 2007 12:33:34 -0700 (PDT)

I, as a government employee, often had to explain to
people that the local government could not enforce
deed restrictions even if we wanted to.
It does take a civil action to enforce deed
restrictions, at least in Az. and I believe that is
the case in most states.
Van Dell


--- Clansgian AT wmconnect.com wrote:

>
>
> > Imagine sharing the covenants for the community
> at the Board of
> > Supervisor's meetings.
>
> You all have the right idea with the restictive
> covenants. Understand,
> though, that a restrictive covenant is a legally
> enforceable document and gives the
> property owner very strong standing in court. And
> they cannot be changed
> unless ALL the involved homeowners agree or abandon
> the restrictions. If you own
> a property that is bound by covenant to 20 others
> and 19 of those owners want
> to change the terms of the covenant, they can't.
>
> I found, much to my surprise, that most people
> belive that deed restrictions
> or restrictive covenants are easily defeated under
> the bromide that "you can't
> tell a body what to do with his own property." Yes
> you can. Deed
> restrictions are one of the firmest and surest
> things to enforce and any individual
> property owner may enforce them.
>
> I happen to know a bit about this because my
> property and the other 11
> properties around it are bound by deed restictions
> and we had to bring suit once to
> enforce them. They were enforced. </HTML>
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