Full question:
I live in a subdivision that has restrictions. These restrictions are filed in the office of the clerk of the Garrard County Court. They were filed Oct. 2, 1998. One of the restrictions is, there shall be no above ground pools on any lot. This past week an above ground pool was put in. This had been discussed with the home owner last year and the restrictions were explained. There is a clause that tells what to do if you want to change a restriction, however the homeowner didn't follow the rules. As a homeowner I am willing to take legal action against the party with the pool. Can you guide me as to what to do? I feel the restrictions should be binding unless the proper action has been taken to get it changed.
- Category: Real Property
- Subcategory: Homeowner's Association
- Date:
- State: Kentucky
Answer:
You should review the deed restrictions, as they may outline how to enforce the no pool rule. Typically, these restrictions grant the homeowners' association (HOA) the authority to take legal action against homeowners who violate them. As a member of the association, you can voice your concerns, but the responsibility for enforcing the restrictions usually lies with the HOA's Board of Directors.
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