CC&R's from 1947 with no HOA

Started by MaureenJ • 2 replies • 1182 views

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MaureenJ (California)
Posts: 2

Posted:

Our cc&r's say no parking over night on the beach and three out of four homes that reside on the beach are out of control breaking many of our cc&r's. We have no HOA or board of any kind but have legal cc&r. Theres a renter who is storing other peoples old boats n other vessels on the beach and wont listen . Code enforcement or police wont come on the property as its private property. My question is do I take the owner to court or the renters for infringing on my/our happiness and breaking several of CC&R's?

TimB4 (Tennessee)
Posts: 21,059

Posted:

Maureen,

If you choose to enforce the covenants, you would take the owner of the property to court (as they are the one's who agreed to comply with the covenants).

Prior to seeking legal action, I would suggest the following:

1) Make sure that the CC&Rs specify that the owner is responsible for the actions of their guests or tenants (as this would be part of your argument to court).

2) Contact the owner yourself or through your attorney simply requesting compliance before filing legal action. It is possible that the owner is unaware of what the tenant is doing.

3) Document, document, document. Pictures with time stamps are a good method of documentation. So is a log book.

4) You may want to consult with a local attorney.

MaureenJ (California)
Posts: 2

Posted:

Thank You Very MUch!

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