New Build

Started by BrianR2 • 6 replies • 1395 views

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BrianR2 (Florida)
Posts: 8

Posted:

I live in a new buid home development in Jacksonville FL. I've started to deal with the management company and the builders rep, but it seems as if they are not going to enforce the covenants and the architectural controls that are stated in the by-laws. Specifically, all structures/fences/landscaping is supposed to go through a review process with plans summited to a board....new homeowners are just doing what they want without submitting plans. The builder will not be out of the community for 1-2 years at which point I fear the convenants will be beyond resonble enforcement...suggestions????

RogerB (Colorado)
Posts: 5,067

Posted:

Brian, since the Developer controls the Architectural committee as well as the Board of Directors what makes you think plans are not approved. I would guess the Developer's people are approving each sale which to me indicates they are approving the plans. The Declaration of CC&Rs may have restrictions but they probably also allow variances.

BrianR2 (Florida)
Posts: 8

Posted:

builds all homes to "spec". No changes are allowed. For example, I can't change the color of the walls/cabinets etc. I wasn't even allowed to pre-wire the home for surround sound. Short story, all the landscaping is the same, and any additions(screened in porches etc) are post move in. I know that they were not approved because of conversations I've had with the owners since I was looking for hints on how to submit my plans for a fence to the review board....

BrianR2 (Florida)
Posts: 8

Posted:

I should add that nothing is done is all that bad, but I fear that we will soon get into a position from which enforcment will never take foot.

admin
Posts: 24

Posted:

BrianR2:

Please do not mention company names on this forum. See posting rules at the top of this forum.

The company names in posts have been commented out.

Thank You.
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DwightT (Idaho)
Posts: 664

Posted:

What do your CC&Rs say about enforcement? Our enforcement clause includes the statement "Failure by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter." So just because a previous Board (or in your case the developer) failed to enforce some of the rules, it doesn't mean that the rules become unenforceable.

BrianR2 (Florida)
Posts: 8

Posted:

Dwight,

I agree with you that the legal right to enforce will continue (though it could be challenged if rules are not enforced uniformally). The real problem is that the "will" to enforce will be gone. I've found that in most communities only a minority of homeowners take an interest in enforcement while the rest make statements such as "anyone with enough money to buy here has good taste" or "you can't take away my constituional rights"....both are incorrect but I've heard them......I'm really looking for a way to keep the builder focused on homewoner issues as much as possible

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