Real Estate Law
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Hello, I am an attorney and am happy to assist.
Can you please tell me what exactly you are interested in finding out?
Hello and welcome! My name is ***** ***** I am an attorney and new contributor the prior attorney had to opt out. I will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.
I understand your concerns. Covenants and restrictions typically do not expire unless otherwise stated. So unless there was a designated termination date, they are still in affect.
How do you enforce, these rules? If there is an HOA they are in charge of enforcing the covenants and restrictions. In the absence of an HOA then unfortunately this means a homeowner has to bring a lawsuit against a homeowner that is violating the covenants and restrictions. Covenants and restrictions are in place to help maintain the value of the neighborhood and to provide limitations on the uses. To the extent a homeowner is violating any of the covenants and restrictions they are subject to a lawsuit by any of the other property owners. A lawsuit of this type could include actually damages and/or injunction (an order forcing the stoppage of the violating activity).
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I am so very very sorry I completely overlooked finishing this for you. Can I do so now?
If you will have me, I have an additional question.
Hello, yes I can answer follow up if they are related to the same matter.
I am sorry you are dealing with this. I would agree with you and if a person in authority or agency has over stepped its bounds in administering the laws it places the burden on a citizen to bring an administrative law action against the agency and its person enforcing the laws. That is a lawsuit asserting overstepping enforcement of animal control laws.
You may find this link helpful: www.criminalattorneyinaustin.com/texas-dangerous-dog-lawyer/