Legal Question in Real Estate Law in Ohio
Deed Restrictions
Our development has deed restrictions that specifically says (among other things) that home owners cannot keep boats, motor homes, trailers, etc. on the property, except in a garage. My neighbor recently purchased a large $125,000+ motorhome, that he parks in his driveway. It appears that he plans on keeping the motor home in the driveway year-round. The motor home ''blocks'' our view, as well as that of our neighbors. We want it removed from the property - or (at least) stored in a garage as required. What course of action is available to get him to comply with the deed restrictions ? Thank you.
2 Answers from Attorneys
Re: Deed Restrictions
The homeowners association or condominium association should first send a letter demanding that the motorhome owner comply with the restriction and cite the relevent deed restriction. If that demand does not work, then the association should hire an attorney to write a letter demanding removal and threatening legal action. If that still does not work, then the attorney should file a lawsuit against the homeowner on behalf of the association. Note, if an association fails to enforce the restrictions against all homeowners now, then it is possible that a future court will refuse to enforce them against any homeowner.
Re: Deed Restrictions
If you haven't, I would first tell your neighbor of your concerns, point out that it does violate a deed restriction and ask that he store it off the premises. If that doesn't work, then Harold Hom summed it up well.
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