5. A developer recorded a private deed restriction stating that no garage exceed 15' in height. A homeowner built a garage that was 15' 8" high. Do the neighbors have any recourse?
Answer: A
Yes, if they apply to a court for an injunction.
Neighbors have the right to seek legal recourse by applying to a court for an injunction to enforce the private deed restriction that prohibits garages from exceeding 15' in height.
A) Yes, if they apply to a court for an injunction.
This option is correct because neighbors can indeed take action to enforce the private deed restriction by seeking an injunction from the court. This legal remedy would compel the homeowner to comply with the recorded restrictions.
B) No, because local zoning regulations allow 16' in height.
This option is incorrect as the private deed restriction takes precedence over local zoning regulations. The recorded restriction specifically limits the garage height to 15', which means neighbors can enforce this through legal means despite local allowances.
C) Yes, if they contact the developer before applying for an injunction.
While contacting the developer may be a step some neighbors choose to take, it is not a necessary action. Neighbors can directly pursue an injunction without needing to consult the developer first, making this option misleading.
D) No, because they must wait for the developer to apply for an injunction.
This option is incorrect because neighbors do not need to wait for the developer to take action. They have the right to independently seek an injunction to enforce the restriction without waiting for any action from the developer.
Conclusion
Option A is definitively correct as it empowers neighbors to act against the violation of the private deed restriction. Options B, C, and D either misinterpret the legal framework surrounding private restrictions or impose unnecessary conditions on the neighbors' ability to seek recourse. Thus, neighbors can enforce the recorded height limitation directly through legal channels.