Deed Restictions

Texas - Our Deed Restrictions Enforcement and Compliance - in short says that a homeowner may initiate a suit to enforce the CC&R.

I thought that is what the HOA is for...? It doesn't state anything when the HOA is formed. but the HOA bylaws State it will enforce all CC&R.

So confused....

Virtually ALL Declarations give both the Association and Members the right to sue any person or entity who violate Covenants. This includes Associations. The contract is not only between the Owner and Association but also between/among Owners. Some boards may decline to pursue an owner who violates covenants due to the excessive legal cost or a myriad of other reasons.

This might happen in nuisance cases such as exists in my community. A member has installed multiple tall transmission towers on his property and believe me--it is an eyesore! It is not a zoning violation nor is it provable that neighbors have suffered any damage though it is reasonable to think that the property value in the neighborhood suffers. The Association refuses to enforce the covenant against this Owner because of insider favoritism. The member has three choices: put up with the nuisance, try to sell and move or sue the neighbor. The cause of action is the covenant violation and the standing is the Declaration which gives the owner the right to enforce the restrictive covenants.

An aggrieved owner might also choose to sue the Association for breach of fiduciary duty in such a case. In the above case, the Owner sued the HOA. Owners reasonably expect their Association to take an active role in preserving the community and protecting ALL owners against such nonsense.