Storage Buildings on lots without a house

You believe your contract is being violated.

(from your posted wording I agree)

You are free to take appropriate legal action.

Why ask on the www ?

Read your documents. You probably have the right to seek enforcement of the covenants via court order should the board fail to do so.

Approach the board.
If the board fails to correct the situation, contact an attorney
With said attorney's assistance, file for an injunction (or whatever your courts issue) to enforce the rules against the offending owners.
Atty might also name the board in the lawsuit as well

Just wanted to be sure that I was interpreting it correctly. Appreciate the feedback.

You mentioned past - ? ignored ? - violations. If the Board & its predecessors have been acquiescing or "sleeping on" their enforcement rights they may be getting told by counsel that the courts may be reluctant to action. It is not acquiescence nor laches nor unfair selective discrimination when the sole state trooper is merrily ticketing a speeder while others roar by. But if the trooper gives his crony a pass . . .

Ok, so we had a Meeting last weekend. At that time I told the board that I had heard that one of my neighbor's who purchase the lot across the street was going to build a Storage Building/Garage. I told them that our Restrictions state we are a "residential community" and that I knew in the restrictions, didn't have them in front of me at the time, said something to the affect that no Storage building, Garage may be built before the House" their take on it was that the guy has several houses, this is just across the street. I said to them, but if you allow this, others will purchase lots (there's a lot that are for sale really cheap, less than $200 per a lot size 50 x 100) that own property in the neighborhood and we'll look more like a storage building community than a residential community. The President's take was as long as what they build looks nice who cares. Well I DO--and actually there were a few other board members who were shaking their heads as "yes" to me when I mentioned that I didn't want my community to become a "Storage Building/Garage Community" a few Amen's. But the problem is that our Restrictions don't even state that the board provides the building permit's it's the "Architectural Committee" which our POA President is also on, thus the reason I brought it up at the Board meeting. I'm getting ready now to send an email to the board, as I have gotten the opinion from an Attorney and all of you'll that I understand the covenant correctly that NO Garage, Storage Building shall be built on a lot without a house.

I'm also thinking about putting a letter to the individual door who is telling everyone that they are going to build a Garage with a copy of the restrictions and Section 9 highlighted along with who I am if he want's to have a conversation about it. They only come down on the weekends. They have been purchasing lots all around them because they want to tear everything down and build a huge one story house--which I'm fine with and since they own conjoined lots on the waterfront, then they should build their "garage/storage" building there!

Evelyn,

Court opinions (common law) hold that if an owner is aware of a restriction before he begins building and knowingly violates it then he does so at his own peril. Send the owner a letter by certified mail stating that you believe he intends to build a structure that violates the restrictions and then cite the restrictions. Demand that he cease construction or you will take him to court. This will prevent him from claiming ignorance of the restrictions or that you acquiesced to his violations.

BTW, the BOD of an HOA usually has no authority to waive restrictions set forth in the CC&R's. In a court of law, the opinion of an officer or board member has zero weight.