ryoung wrote:
I would think that since no HOA was established when the developer gave up his interest in the community, the covenants are no longer effective or enforceable.
There MUST be an organization in place that contains in its bylaws or articles of incorporation, the stated covenants in question. Consequently, no HOA in place, no enforceable restrictions.
ryoung
Nope. If the covenants are attached to the deed than anyone having legal "standing" like the woman across the street can hire a lawyer, file the proper documents and have a hearing in front of a judge. It all costs money however. Happened in my subdivision which has no HOA, the neighbor complaining about an outbuilding dropped the suite when the guy he sued started having his lawyer run up the $$$ for both of them.
