If I live in a subdivision that contains restrictive covenants but there is no HOA involved, how can I see that the covenant is enforced?

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If I live in a subdivision that contains restrictive covenants but there is no HOA involved, how can I see that the covenant is enforced?

I have sent the homeowner a letter with a deadline but it did no good. Can I take him to small claims or does this need to go to a higher court.

Asked on April 30, 2012 under Real Estate Law, Kentucky

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If the community that you reside in has recorded restrictive covenants but there is no HOA or board of directors enforcing them, the best way to enforce what that is not being enforced is to consult with an attorney who practices in the area of planned unit developements such as yours to write a letter seeking compliance with the restrictive covenants to the person who is not.

The problem with many small claims courts is that they do not have jurisdiction to enforce restrictive covenants per code (mandatory or prohibitory injunctions).


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