What to do about subdivision rules that are not being enforced?
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What to do about subdivision rules that are not being enforced?
When I first moved into the subdivision where I live, I was given a paper stating what was and wasn’t allowed. One thing on the list was 4-wheelers. This was fine with me. Yet, in the last couple of years a few neighbors have bought them it’s driving the peace loving neighbors crazy. The owners of these vehicles were warned about this once by the man who gave out the papers to begin with. This worked for about a week. However, he now says he’s not going to enforce this rule. When I moved here I was under the impression that it would be a peaceful neighborhood without 4-wheelers. Is there any way to make this man enforce the rule?
Asked on August 17, 2011 Kentucky
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The "subdivision rules" that you refer to, are they handwritten rules that the association just put out or are these "rules" part of the recorded "covenants, conditions, and restrictions" recorded on your property and every other property in the subdivision?
Or, are these "rules" the result of the authority that the recorded covenants, conditions and restrictions" allow the governing board for the association to make?
The key to being able to answer your question is on what basis and authority were these rules created? If the rules you were presented when you first moved into the neighborhood were the result some loose neighborhood agreement, then you cannot enforce them.
However, if they are the result of recorded "covenants, conditions and restrictions" upon your subdivision, then you can perhaps enforce the rules.
Another option is to call the police about the excessive noise from the four wheelers and see what the result is. You might consider consulting an attorney experienced with planned unit developments and "covenants, conditions and restrictions."
Good luck.
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