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Old 07-08-2010, 10:19 AM   #1
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Default Can they easily enforce deed restriction?

Deed restricted Subdivision??? We received a letter from our homeowner's association referring to a Section in our deed restrictions.
It reads: "No in-ground or above ground swimming pools (must be surrounded by deck) shall be erected or placed on any Lot from the date hereof unless design, fencing, and placement thereof are approved in writing by the Association."


They notified us to remove it within 5 days. Is there a way they can enforce this?
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Old 07-08-2010, 11:30 AM   #2
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Default Re: Can they easily enforce deed restriction?

Probably... it will be hell trying to fight it... I learned my lesson years ago... NEVER NEVER NEVER join a HOA!!!
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Old 07-08-2010, 11:50 AM   #3
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Default Re: Can they easily enforce deed restriction?

They can fine you and put a lien on your property according to your terms with them normally.

Of course you can dispute it and take it to court if they are totally in the wrong.
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Old 07-09-2010, 11:20 AM   #4
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Default Re: Can they easily enforce deed restriction?

A more logical question is, why, if you signed and agreed to the terms before moving in, did you violate the contract?

Of course they can enforce it. They have all the evidence they need. You signed it.
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