Question

A subdivision built in 1980 included covenants, conditions, and restrictions (CC&Rs) in the deeds for all properties. One covenant bans "all outdoor structures designed for the storage of equipment or as habitations for any animals." In 2008, a resident built a tool shed and a doghouse. The neighbors took no action for six years, but in 2014 they want the shed and doghouse destroyed. Do the neighbors have any recourse?

Answer 1

Answer:

No, the neighbors do not have a recourse.

Explanation:

• Because of doctrine of laches People lost the right to enforce the restriction if there are long delays before asserting it. For most states , this limit is around 6 years

• Among the bans, the restriction to not building outdoor structures designed for the storage of equipment or habitation of any animals, does not have a time stipulated for it.
• It lasts, as stated in the agreement, or for at least six years.
• In the case of this neighbor, they failed to report for six years, they have no more chances left to report.