Restrictive covenants

This is a discussion on Restrictive covenants within the Other Real Estate Law Matters forum, part of the REAL ESTATE & PROPERTY LAW category; I am the chair of an Architectural Control Committee (ACC) and we recently had a member violate our protective covenants. ...

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Old Mar 30th, 2009, 10:46 AM   #1
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Unhappy Restrictive covenants

I am the chair of an Architectural Control Committee (ACC) and we recently had a member violate our protective covenants. My first question is if our covenants do not say how many votes it take to change them, what is typical for a vote count to change them? Second, the enforcement paragraph says exactally this" Enforcement shall be by proceedings commenced by said developer or its assigns at law or in equity against any person or persons violating or attempting to violate any covenant, either to restrain violation or to recover damages." So my question is can anyone of our members enforce these covenants or is it just the board (being the said developer) that can enforce them?
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