Legal Question in Real Estate Law in Texas

Deed restriction violation

I live in Villages of Bear Creek Sub. Div. Houston, TX 77084. I am a licensed Child Care Provider keeping children in my home. I have been openly running a Day Care from my home for over 16 1/2 years. I just received a letter from Hunter's Park Comm. Assoc. for violating the Deed Restriction-''Running a business from your home''. They have given me 30 days to close up or they will take me to court and I will ensue all legal costs. I've heard that there may be a Statute of Limitaitons since I've been doing this for so long and that they can not force me to close. Is this true? What should I do? I am Licensed and posted on the Dept. of Family and Protective Serv. website (so never hid my business). Never had any complaints or problems until now. Thank you.


Asked on 6/22/05, 3:08 pm

1 Answer from Attorneys

Re: Deed restriction violation

Do you know of any other businesses that have allegedly violated these restrictions? Have you spoken to anyone with the Hunter's Park Assoc about this? Have you spoken with an attorney? There is a chance that there non-enforcement of the issues over all of these years could allow for an argument of waiver. You should speak with an attorney on this matter as soon as possible. Can you get a copy of the restictions, covenants, and conditions that they are referring to so it can be reviewed?

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Answered on 6/23/05, 5:36 am


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