Who pays my legal expenses if I am sued by my association?
With only rare exceptions, you will be responsible for your own attorney fees and other legal expenses.
What can I do as an owner if the association is not performing its duties or if other owners violate restrictive covenants or bylaws?
Your remedy is to sue the association and/or the offending property owners in court for an order compelling them to abide by all the lawful covenants and bylaws. But remember, these are private rights of action that you must assert on your own. No state agency, other than the court system, can determine or enforce [...]
What if a purchaser doesn’t want to follow the restrictive covenants affecting the property?
A purchaser who does not abide by the restrictions on the property can be fined. That fine can become a lien on the property and collected by the sale of the lot through foreclosure. If the association is subject to the Planned Community Act, it may impose a fine up to $100.00 per day, after [...]
Don’t my constitutional rights to freedom of speech, freedom of religion and the enjoyment of my property prevail over the restrictive covenants or the powers of the association?
Not in all cases. If you choose to purchase a restricted property, you agree to abide by the restrictions. Display of signs, flags or banners, certain uses of the property, storage of personal property (boats, RVs, etc), keeping of animals, and other practices can lawfully be controlled by restrictive covenants if they are properly created [...]
Can the developer control my choice of builder or real estate agent?
Not in most cases. However, a developer may lawfully refuse to sell directly to you and instead require you to purchase a lot and home from a particular builder. As to real estate agents, a developer may include the agents commission in the home's purchase price.
Can property restrictions dictate the style or colors of my home?
Yes, if the restrictions are properly drawn and consistently enforced.
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