Q: Can I sue a neighbor for breach of contract if he violates covenants that are part of the contract we all signed
HOA supposedly mistakenly granted a variance to a new neighbor for a fence that exceeds the allowed height for a conservation lot, that essentially drops my property value by the tens of thousands of dollars we are all HOA members that signed the same binding legal contract so why does he get to violate it? Can I sue him for breach of it because he refuses to take the fence down, even though the HOA offered to correct it. I am not looking for financial compensation. I just want him to put the fence that is supposed to be up which is a 4 foot fence not a 6 foot wall.
A: Yes, it appears that you can sue for an injunction prohibiting him from having a fence taller than 4 feet, if that is what the covenants prohibit.
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