My subdivision has 19 lots and is deed restricted. We have no HOA. A lot owner has constructed a metal building that he calls a storage shed. According to Restrictions; you can have garage, shed, etc. with a single family home. When he built, he said; he was building his home within a year. The year is approaching and he has no intention of building. This metal building has window, potty, a/c, doors, etc. He calls it storage and stays in it on week-ends. He has broke several restrictions. The size, the material, and he is not allowed to stay in his storage building according to restrictions.
We have no Hoa and he just laughs at me. I don't know what to do.
Since you are an owner in the same subdivision, you have standing to assert claims against him (as do any of the other 17 owners, who perhaps might join with you). You can hire an attorney who handles these types of real estate matters to file a lawsuit, and specifically a declaratory judgment action, against the offending owner. The Court will look at the restrictions and construe the neighbor's actions against the restrictions and either declare he's in violation or not. If so, you may be able to recover your attorneys' fees from the guy.
That's about it. And by the way, the longer you wait, the harder it will be to enforce the restrictions. And someone else might follow his lead and say no one ever enforced the restrictions against him, so why should they be enforced against someone later?
Some cities have a deptment that helps enforce deed restrictions. I have no idea about your town, but you might check with someone at the city about that.
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