The Deed Restriction Enforcement Process
The Architecture Review Process
Estates of Red Lion is a deed restricted community. The purpose of the deed restrictions is to maintain high property values for all of us by requiring a consistent, attractive look to the community. As homeowners, we all have a contractual obligation to maintain our homes in a way that complies with the deed restrictions.
An Overview of the Process
Deed Restriction enforcement is handled by the ERL Maintenance Corporation Board. The process starts when the board receives a complaint about a deed restriction violation from a homeowner. Once the complaint is verified by the ERL Board, the enforcement process is started. There are four major steps to the process.
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First Letter – The Board sends a violation notification letter to the homeowner (and in the case of rental properties, the tenant as well). The letter describes the violation and requests that the violation be corrected within 15 days
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Second Letter – If the homeowner does not correct the violation, the Board sends a second violation letter 30 days after the first letter's correct-by date. This letter gives the homeowner 15 additional days to correct the violation.
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Attorney Demand Letter - If homeowner still does not correct the violation, the Board will turn the matter over to an attorney. The attorney sends a letter to the homeowner giving legal notice that the Board intends to file a lawsuit if the homeowner does not correct the violation within 10 days.
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Lawsuit – Finally, if the homeowner does not correct the violation after 10 days, the attorney will begin a lawsuit against the homeowner in the Court of Chancery. The purpose of the lawsuit will be to have the court issue a permanent injunction regarding the violation. If litigation results, the ERL Board will seek reimbursement from the homeowner of all expenses incurred including attorney fees in connection with enforcement of the Declaration of Restrictions.