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How to enforce the CC&Rs and Rules

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HOAs must be “fair” when they enforce CC&Rs. This means that if you enforce a provision against one violating homeowner, you better make sure you are enforcing the same provision evenly across the community. I’ve seen a couple of times when HOAs sued homeowners for violations others, including directors, were getting away with. Don’t do that or you will risk losing your lawsuit.

Next, don’t wait forever to enforce violations. This is because associations may not be able to bring enforcement actions that are older than 4-years or 6-years and because judges may not order homeowners to remove old violations. Not only that, but you should not wait a long time because your other homeowners pay good money to keep their communities safe and violation free and expect you to protect them. Don’t take this to mean that associations should rush off to court. Lawsuits should only be considered when all other reasonable efforts fail and after consultation with an attorney.

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One Response to “How to enforce the CC&Rs and Rules”

  1. Teresa Propeck

    How would we go about proving that we are being unfairly targeted when “board members” in our community are being allowed to break the same rules we are being written up for?

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