Jones and Smith live across the street in a subdivision that has deed restrictions prohibiting the keeping of large animals as pets. Jones realizes that Smith is keeping a pet pony. Jones can:

• A. Enforce only if neighbor
• B. Jones or any other homeowner in the subdivision can file
• C. Ask the city to enforce
• D. Do nothing

Answer: (B)

Deed restrictions are private covenants recorded against the property, and they are enforced by private parties who are affected or by the homeowners association. When a neighbor is violating a covenant—like keeping a large animal in a subdivision with a prohibition—the typical route is for the affected homeowners to take action, either by asking the HOA to enforce the restriction or by filing a civil action to compel compliance or seek damages. The city doesn’t generally enforce private covenants; its role is in zoning and public health/safety, not private CC&Rs. Ignoring the violation isn’t appropriate when a covenant is being violated. So Jones, like any other homeowner in the subdivision, can file to enforce the restriction.