82. 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 can indeed take action against the homeowner for violating the private deed restriction by applying to a court for an injunction to enforce the height limit of the garage.
A) Yes, if they apply to a court for an injunction.
This option is correct because the neighbors have the legal standing to challenge the construction of the garage that exceeds the specified height in the private deed restriction. By filing for an injunction, they can seek a court order to either have the garage modified or removed to comply with the recorded restriction.
B) No, because local zoning regulations allow 16' in height.
This option is incorrect because private deed restrictions take precedence over local zoning regulations. Even if the local zoning allows for structures up to 16' in height, the specific restriction set by the developer limits the height to 15', which must be adhered to by property owners.
C) Yes, if they contact the developer before applying for an injunction.
While it may be advisable for neighbors to communicate with the developer regarding the violation, it is not a prerequisite for applying for an injunction. The neighbors can directly approach the court to seek enforcement of the private deed restriction without needing to contact the developer first.
D) No, because they must wait for the developer to apply for an injunction.
This option is incorrect as it misrepresents the rights of the neighbors. They do not need to wait for the developer to take action; they can independently file for an injunction to address the violation of the deed restriction.
Conclusion
The correct answer is A, as it empowers the neighbors to take immediate legal action against the homeowner's non-compliance with the deed restriction. Options B, C, and D fail to recognize the enforceability of private deed restrictions and the rights of neighbors to seek judicial remedies independently. This highlights the importance of adhering to recorded restrictions in property developments.