Homestead mailing list

[VAN DELL JORDAN <vdjor AT yahoo.com>]

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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