Many of you have expressed concern and frustration at seeing our deed restrictions being ignored and/or violated with apparent impunity by the violators.
These violations range from trailers continually parked in front of homes to unauthorized structures being added to properties with no prior review or approval from Wynthorpe Maintenance Corporation (WMC).
For those members who are not aware, the deed restrictions that bind each of our properties allow the WMC to take legal action against violators at the home owner's expense. As those restrictions state:
ENFORCEMENT Enforcement of these covenants and restrictions shall be by any proceeding at law or in equity against any person or persons violating or attempting to violate any covenant or restriction, either to restrain violation or to recover damages; and failure to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter or a waiver to enforce the other restrictions contained herein. In the event Declarant incurs any expenses, including attorneys’ fees, in connection with its efforts to enforce the terms hereof, the lot owner in violation of these covenants shall also be obligated to reimburse Declarant for all such expenses...'
WMC has assessed the situation and, in conjunction with WMC's newly retained legal counsel, WMC has determined to institute the following policy when deed restriction violations are brought to the attention of WMC:
1) Mail a letter to the homeowner(s) in violation requesting immediate correction of the deed violation. CAUTION: By law, WMC only needs to show proof of postal receipts for such mailings so refusal to accept these mailed letters does not benefit and/or provide a legal defense to the homeowner.
2) If the violation persists and it has been verified that the aforementioned letter had been delivered, WMC's attorney will issue a follow up letter. The attorney fees charged for drafting the second letter will be at the expense of the homeowner(s) in violation and will be assessed to such homeowner in the manner all other assessments of WMC are made.
3) If the issuance of the first letter results in the correction of the violation, but such a violation is repeated by the same homeowner(s) then such action will be viewed as an attempt to play 'cat and mouse' with WMC to avoid the WMC's attorney expenses re: a follow up letter. WMC will therefore not issue another 'first letter' violation notice but rather have WMC's attorney issue a letter to the homeowner at his or her expense.
4) WMC will further engage WMC's attorney as needed to pursue litigation if deed enforcement infractions merit such action.
In the near future, WMC's attorney will be sending out documentation outlining fees that could be incurred by deed restriction violators should action need to be taken by WMC.
That WMC has taken such a strong stance is being done to preserve home values and the quality of life conditions homeowners expect from living in this community.
