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.
Re: [Homestead] Real Estate Question
, (continued)