Greetings Beth43:
I'll open with asking you for a clarification for your location so
that I might search that particular city/countystate/province law for
applicaple information. That said, I have located general information
on your query.
"Enforcing deed restrictions can be difficult over the long term, as
they are only enforceable by the prior owner or a third party to the
original transaction, such as the owner of abutting property. One way
to ensure continued enforcement is to include a third-party entity,
like a Community Stewardship Organization, Land Trust, or other
corporation, in the transaction. Deed restrictions involve a
complicated area of law and should only be used with professional
legal advice. For landowners seeking to permanently protect their
property, Conservation Easements may be a more attractive
alternative."
From http://www.sonoran.org/resources/terms/si_glossary_deed.html
*********
The Letter of the Law (enforcing deed restrictions - Reprint
fromTierra Grande, the Real Estate Center)
"Some attorneys argue that the enforcement of a deed restriction is a
private contractual matter between homeowners and the association and
not a constitutional issue. In some cases, this may be true. However,
the more subdivisions look and act like small towns, the more courts
are apt to view them as quasi-municipalities and apply more rigid,
constitutional standards when enforcing deed restrictions."
and
"How should Texas courts interpret and apply deed restrictions? Should
the courts follow the Texas statute that requires they be "liberally
construed to give effect to their purpose and intent" finding them
enforceable if at all possible (Section 202.003[a] of the TPC)? Or
should the courts adhere to common law that favors the free and
unrestricted use of land (Bakerv. Henderson, 153 S.W. 2d 465 [Tex
1941])? There is no clear answer. The TexasSupreme Court in Wilmoth
v. Wilcox,734 S.W. 2d 567 (Tex 1987) spoke in favor of free and
unrestricted land use, holding that restrictions must always be
strictly,not liberally, construed against the party seeking to enforce
them. Only the intent and purposes are to be liberally construed,not
the restrictive language."
From http://216.239.33.104/search?q=cache:S2WRca070-cJ:recenter.tamu.edu/pdf/1434.pdf+%22enforcing+deed+restrictions%22&hl=en&ie=UTF-8
Please read the entire article for more information.
*********
Connecticut - how to enforce deed restriction(s)
"Equitable principles govern the enforcement of deed restrictions.
Thus, a court will not enforce a deed restriction if it determines it
would be inequitable and unjust to do so, and not in furtherance of
the public interest. What injunctive relief a court will grant is
within the court's sound discretion and determined by all the facts
and circumstances. Courts will enforce deed restrictions where the
intention of the parties is clear in creating them and the
restrictions are reasonable. But where the right to relief is
doubtful, equitable enforcement will be denied. If the consequences of
enforcement to a defendant would be inequitable, the court could award
the person seeking enforcement money damages. The injured party would
bear the burden of proving his economic losses."
http://www.cga.state.ct.us/2001/rpt/olr/htm/2001-r-0219.htm
*********
Who needs an HOA [homeowners association]
"Community associations do a number of different things. They set and
collect the maintenance fees needed to run neighborhood operations.
They may maintain landscaping or recreation centers. They may provide
for events or meeting places for neighborhood functions. However, the
most important function of an association is to enforce deed
restrictions."
From http://www.aboutmyhoa.com/whoneedshoa.htm
*********
City of Arlington Texas
"Does the City enforce deed restrictions?
"No, the City does not enforce deed restrictions. Deed restrictions
are private covenants. Neighborhood and homeowners associations can
enforce deed restrictions through the court system."
From http://www.ci.arlington.tx.us/qna/qa_landuse.html
*********
Thank you for the opportunity to answer this question. Again, if you
will share your city/county/state/province name(s) here, I will search
that location to see if there is information available.
Best regards,
journalist-ga
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