As a homeowner, can I take legal action against a part who went against HOA restrictions?
Full Question:
I live in a subdivision that has restrictions. These restrictions are filed in the office of the clerk of the Garrard County Court. They were filed Oct. 2, 1998. One of the restrictions is, there shall be no above ground pools on any lot. This past week an above ground pool was put in. This had been discussed with the home owner last year and the restrictions were explained. There is a clause that tells what to do if you want to change a restriction, however the homeowner didn't follow the rules. As a homeowner I am willing to take legal action against the party with the pool. Can you guide me as to what to do? I feel the restrictions should be binding unless the proper action has been taken to get it changed.
05/29/2007 |
Category: Real Property ยป Homeowner's ... |
State: Kentucky |
#6024
Answer:
You should review the deed restrictions as they may contain provisions for how to enforce the restrictions on above ground pools. Many deed restrictions contain authority for the home owner's association to act by suing the homeowner who does not adhere to the restrictions. As a homeowner in the association, you have a voice but usually the responsibility of enforcing the restrictions will fall on those chosen by the association (usually the Board of Directors).
