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QUESTION/ANSWER BY: JOHN H. GETTINGER, ESQ.

Question:

Our Covenants have this language: "no house trailers, motor homes, trucks or bands, boats, or other offensive object shall be parked or located, either temporarily or permanently, on any lots in our community". Do residents have legal rights to challenge this?

Answer:

Assuming that this covenant was properly created by the Declaration of Covenants, Easements and Restrictions and recorded with the County Clerk, residents do not have the legal right to challenge it. Purchasers of homes within your community purchase their home subject to the recorded covenants which "run with the land" and are binding on all owners and subsequent owners of any property within your community. Moreover, homeowners are deemed to have constructive knowledge of the Covenants inasmuch as they have been recorded with the County Clerk.

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