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Neighbor Restrictions: Plan disapproved due to adjacent Lot violation
Posted on 3/18/16 at 10:38 pm
Posted on 3/18/16 at 10:38 pm
A relatively new neighborhood development is subject to subdivision restrictions and protective covenants recorded by the Developer.
The restrictions require approval of the plans by the Commitee (aka the Developer) before building. Let's say the Commitee will not approve the plans despite no violations whatsoever.
The issue is that the adjacent Lot owner's driveway was apparently placed on the wrong side of their Lot such that driveway of the owner seeking plan approval would be directly next to the adjacent owner's driveway unless the house plans are completely changed to a front loader. The same problem exists if the driveway was placed on the other side of the Lot, though that adjacent owner's driveway placement is correct according to the driveway layout plan.
Are there any options or recourse here? Or are you SOL and basically subject to the will of the Developer regardless of plans being in complete compliance with all restrictions and convenants?
The restrictions require approval of the plans by the Commitee (aka the Developer) before building. Let's say the Commitee will not approve the plans despite no violations whatsoever.
The issue is that the adjacent Lot owner's driveway was apparently placed on the wrong side of their Lot such that driveway of the owner seeking plan approval would be directly next to the adjacent owner's driveway unless the house plans are completely changed to a front loader. The same problem exists if the driveway was placed on the other side of the Lot, though that adjacent owner's driveway placement is correct according to the driveway layout plan.
Are there any options or recourse here? Or are you SOL and basically subject to the will of the Developer regardless of plans being in complete compliance with all restrictions and convenants?
This post was edited on 3/18/16 at 10:41 pm
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