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JohnG5 (Florida)
Posts: 7
Posted:
Following is quote from our C&R

Article VI - A.1

"Said lots and mobile dwellings shall be properly maintained in good condition and appearance, in a manner which will aesthetically conform to the condition and appearence of the community, as a whole, and will not injuriously affect the value of adjoining or adjacent premises for residential purposes, or the neighborhood wherein said lot is situated."

There are also a number of sub articles that deal with specific violations, mowing, fences, pets, ect.

As a member/chairman of a newly formed Compliance Committee, I/we are having some problem with folks who what what is not pleasing to THEIR eye, cited as a violation under article A1 where and when a specific article does not apply.

My feeling is that the article as written is to ambiguous to cover anything and would be unenforcable in a Court of Law.

If i were to cite this in a Notice of Non-Compliance where would it stop/ or am i being shortsighted and hardheaded?

FEEDBACK PLEASE
RogerB (Colorado)
Posts: 5,067
Posted:
John, not every specific can be identified in the CC&Rs. For some apparent violations look to see if the owner got approval from the architectural review committee. If all external modifications require ARC approval this will answer some of your concerns. What is acceptable to some is not acceptable to others; therefore standards need to be established. A notice of a violation of a restriction needs to quote the restriction being violated and it must be reasonable. Otherwise it should not be issued.

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