Mansion Farm

Good Afternoon Mike,

To enforce Deed Restrictions one needs to be aware of violations by regularly evaluating the community.  Also, we must encourage our residents to say something if they see something.

As I discussed with our current Deed Restrictions Officer on his appointment to gain compliance with a violation e.g. a boat stored on the property the notice of violation must state "Permanent removal".  A time limit for compliance is also crucial. He has copies of letters I sent as past officer.

With regard to the legal fees incurred in gaining compliance; any legal fees incurred by the Board are due the Board, not just court fees.  Letters from our attorney accomplished compliance when letters form the Board were being ignored.  

I also liked to use the old baseball rule; 3 strikes and your OUT!  The 3rd letter from the Board also notified the violator of legal action timing.

Hope this helps!

Legal fees are ONLY paid back if it goes to court and we win.  As I am sure you remember, the white "handicap" fence cost the Board over $2000 because the owner removed it before going to court.  I gather we could have a lawyer get in injunction on the boats and RV' s, but again we would not get back any monies.

But boats are not the only problem here. Kidd ie pools were always a violation here. No fence around them. Then you have your pop up campers & pull along trailers. R.v's come & go but there not suppose to be here at all also. It's a huge problem with just people doing what they want since they know all i will get is a letter & I'll just file it away with all the other letters. A violation is just that a violation!

Mike:

Please refer to Article III of the Deed Restrictions:

"In the event Declarant or its successors or assigns incurs any expenses including attorneys fees in connection with its efforts to enforce the terms hereof, the lot owner in violation of these covenants shall also be obliged  to reimburse Declarant, its successors or assigns for all such expenses."

The Board does not have to go to court.  

In reference to the "handicap fence" issue if the Board had placed a lien on the property for the legal expenses incurred  in gaining compliance, including the cost of placing the lien, all expenses would have been reimbursed at the recent sale of the property.

Also, recall the case of the townhome rented supposedly as a lease/purchase.  The issue was handled very well by our attorney and fees were paid by the owner. No court was involved.