Posted:
If i accept your statements as factual, i am happy to say, your attorney is wrong.
Being inside a city limit has nothing to do with enforcement of deed restrictions or covenents. Those are CIVIL agreements, contractual obligations that homeowners assume when they purchase. You can certainly enforce, through fines, your HOA rules. In fact, you might be better off in some respects for NOT being in a city, as you have no city laws that might trump your own codes.
Now, to real life: your attorney may be correct that your codes are so poorly written, a redneck could drive his chevy through the loopholes without scraping rust (i know that my own HOA has a bad set like that). It would be wise to have your attorney suggest better wording, and properly change your rules.
Or, you can fine this guy, and wait for him to not pay... simply keep the fines coming, and someday, when he wants to sell his home, the title company will be pleased to get a notice from you that you have a lien on his home. Or, the realator will be happy to inform the potential purchasers that there are $8000 in back fees and fines that must be paid before the home can be sold.
Or, you can fine him and sue him, and actually let a judge tell you which of your codes are well written and enforceable, and which are not. A bit of a risk, and potentially pricey, but an option.
Bottom line, I would personally enforce the rules that you can, fine him properly for every violation, follow your rules and enforce them across the board. And, get your attorney to HELP you rather than just tell you what you can't do.
From your post, my advice:
He flips people off, screams and yells, (not usually an enforceable issue) fires a gun,(probably enforceable) lets his dog roam free (probably enforceable) (he recently put a invisable fence around the complete perimeter of his yard, our deed says all fences must be in the back yard) (Very unlikely you can enforce this... an invisible fence is a wire buried in the dirt... you cannot hope to claim that is a "fence" in the traditional sense and ban it) and mocks our rules (not enforceable). His son is riding a ATV all over. (Probably enforceable)
Our attorney says that we can not do anything about it because we do not live in the city limits (not applicable. has nothing to do with anything) and our deed says no obnoxious behavior or can not do anything that is a nuisance to others is to ambiguous (he may be right). Our deeds says no firing of guns yet attorney says since we live outside city limits we can not enforce this (city limits don't matter). I am the registered agent, president, director and developer of our home owners association yet our attorney says I have no right to issue fines for violations even though I have given repeated verbal and a written warning delivered by the sheriff. Our Deed says I have the legal right to issue fines but once again our attorney says that the deed is to ambiguous so I can not issue fines. (Then get his advice to make it better. this would be a great time, since it sounds like you don't have too many owners yet, since you are still the agent, president, director and developer all in one).