What is the name of your state (only U.S. law)? Utah
I purchased a lot and built a home almost three years ago (Aug 2008). At that time I was informed verbally that vinyl siding would not be an allowable exterior material. I requested a copy of the CC&Rs to confirm I was in compliance with the other requirements. I was emailed a draft of the CC&Rs and told they would not change. All but two other homeowners in our subdivision were also told vinyl siding was not allowed, but they were never given a copy of any CC&Rs. I guess I was the only one to ask for them.
Fast forward to last week. A new home is being built and they just started putting up vinyl siding. Come to find out the CC&Rs were never recorded. From what I have learned from reading other sites and posts is that our subdivision essentially has no legal CC&Rs and anything goes. It seems convenient that the developer did not record them and now has gone back on his word when times got tough and he needed to make some money.
Do I have any legal options to make them take the vinyl down? I am guessing I do not. Pretty disappointed in the dishonesty though.
Now that most of the lots have owners, can we together write our own CC&Rs and have them recorded?
If so, will the developer now have to review any new homes with us and ensure compliance to what the property owners require? We are just wanting our neighborhood to stay the way we all intended it to be in the first place and not let the developer dictate our future.
Thanks for your help.
I purchased a lot and built a home almost three years ago (Aug 2008). At that time I was informed verbally that vinyl siding would not be an allowable exterior material. I requested a copy of the CC&Rs to confirm I was in compliance with the other requirements. I was emailed a draft of the CC&Rs and told they would not change. All but two other homeowners in our subdivision were also told vinyl siding was not allowed, but they were never given a copy of any CC&Rs. I guess I was the only one to ask for them.
Fast forward to last week. A new home is being built and they just started putting up vinyl siding. Come to find out the CC&Rs were never recorded. From what I have learned from reading other sites and posts is that our subdivision essentially has no legal CC&Rs and anything goes. It seems convenient that the developer did not record them and now has gone back on his word when times got tough and he needed to make some money.
Do I have any legal options to make them take the vinyl down? I am guessing I do not. Pretty disappointed in the dishonesty though.
Now that most of the lots have owners, can we together write our own CC&Rs and have them recorded?
If so, will the developer now have to review any new homes with us and ensure compliance to what the property owners require? We are just wanting our neighborhood to stay the way we all intended it to be in the first place and not let the developer dictate our future.
Thanks for your help.
