Posted by dealmaker on May 13, 2006 at 22:55:35:
David has a good point about any ppty owner being able to enforce. In TX it’s pretty common for the “developer” to write the restrictions wherein lots in the developer’s hand each have 3 votes and built out lots only have one each. That give the developer lots of stroke for a long time. Of course it’s always IMPORTANT to enforce violations. Failure to do so can cause the common law “laches” to kick in. That means that a failure to enforce in the past makes it difficult, if not impossible to enforce in the future. That can cause the restrictions to lose all force of law, and the neighborhood to decline in value quite rapidly.
Of course somewhere it’s probably spelled out what the penalty is for noncompliance. My sister and BIL once bought a lot where they had to post a $50K bond for landscaping and driveway that had to be done within 90 days of completion of the house.
If you don’t think you’re going to be able to comply find out what the penalties are NOW.