Due to limited resources, the Deed Restriction Enforcement Team relies upon each complainant to assist in the collection of evidence of the activity that violates the deed restrictions. Although one type of evidence may be sufficient, the more evidence obtained, the stronger the case will be. Below is a discussion of different types of evidence that are helpful in proving a deed restriction violation.
Photographs are the most compelling evidence of a deed restriction violation.
The Deed Restriction Enforcement Team recommends that complainants provide photographs from a camera that date-stamps the photos.
When providing photographs, please write, on the back of each photo, the date the photo was taken (if it is not date-stamped), the address of the property in the photo and the name of the person who can testify that he or she personally observed what is depicted in the photo on the date it was taken.
It is not necessary that the person who took the photo testify; however, to use the photo in court, it is absolutely necessary that the person testifying personally observed what is depicted in the photo on the date the photo was taken.
Eyewitnesses
The more the better.
Each eyewitness must have personally observed any activity that he or she testifies about.
Logs
Complainants should keep a daily log that includes the date any activity is observed, what type of activity is observed, the make, model and color of any vehicles involved in the activity, the license plate numbers of any vehicles involved in the activity, the names of any persons involved in the activity and any other information that the person keeping the log feels is relevant to the deed restriction violation.
Documentary Evidence
This includes any printed materials that will help prove the deed restriction violation. Examples are flyers, advertisements, business cards, or any other printed materials.
