CC&R Violation, inactive HOA

Started by DaveH5 • 1 replies • 1195 views

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DaveH5 (California)
Posts: 1

Posted:

I have a neighbor who is in clear violation of a provision of our CC&Rs. Our HOA has been inactive for 20 years.

Can I as an individual take legal action against my neighbor for the CC&R violation? If so, what action? Mediation, small claims, etc?

PaulT6 (California)
Posts: 409

Posted:

I would guess that the first thing to check on is if your C&R's are still in effect.
If so, and they are specific as to the violation and if there is no Board in place, which may invalidate them, you may be able to take action as an individual member. I suggest you review your State laws before putting a lot of time and effort into it.
Maybe a preliminary consultation with an attorney might be a good investment?

Paul T

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