Can Homeowner Enforce CC&R?

Started by JimF8 • 4 replies • 1571 views

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JimF8 (Washington)
Posts: 1

Posted:

I live in a neighborhood that has never had an HOA, but CC&Rs deed restrictions.

There are some minor CC&R violations in the neighborhood, but nothing serious. Most everyone respects them to keep the values of their houses up as much as possible.

Unfortunately, my neighbor starting building a structure on the property line and also committing a couple other pretty major CC&R violations. I've tried to talk to the guy politely a few times saying his work is violating the CC&R and devaluing the properties. He doesn't care; saying "Who is going to enforce them?" He also points out a couple of the minor violations like someone parking their boat in their driveway for extended periods of time (no biggie IMO).

I'm really at my wits end about this and almost feel like trying to sell my house.

My question is this: Can I personally enforce the CC&R (or at least threaten to) via a small claims lawsuit? The property deeds state that the CC&Rs are restrictions of the deed and they are still well withing the time period (< 10 years since subdivision platted).

I'm not 100% positive I would go the court of law route, but just want to know if the option is possible.

Thank you,

Jim

TimB4 (Tennessee)
Posts: 21,062

Posted:

Typically the CC&Rs give both the Association and the member authority to enforce.
A member would enforce a covenant through the courts.

TimB4 (Tennessee)
Posts: 21,062

Posted:

oops, I hit submit too soon.

Every State court system is different. You would likely need to go through which ever court is allowed to impose an injunction. Typically, this is not small claims but you can check with the clerk at the courthouse to be sure.

MatthewW4 (Arizona)
Posts: 500

Posted:

Jim,

I live in a similar neighborhood: CC&R's but no HOA. If someone wants to enforce the deed restrictions they may do so by going to court.

As Tim pointed out, the court systems vary from state to state. Generally, a small claims court lacks the jurisdiction to issue injunctions of the type you would need to seek. Considering that your neighbor's property line construction will effect the value of your home, it is well worth the money to hire an attorney and stop him.

One thing I would strongly suggest that you do is to send him a letter by certified mail stating the specific violations and demanding that the work be removed. The reason is that I have read some court opinions that hold that a person who is aware that he is violating the deed restrictions and goes ahead with construction does so at his own peril. The worst thing you can do is to wait until the whole project is finished before voicing an objection.

In most places, there are zoning ordinances and building codes that would prohibit building on the property line. Even if the building itself requires no permit (small shed, for example) it may still have to conform to the set-back requirements. You might get somewhere by filing a complaint with your county or city.

DaveD3 (Michigan)
Posts: 796

Posted:

Good advice above. 1st stop is your local municipality to see if local rules are being broken that they would normally address. But certainly send notification via certified mail that he's in violation, and check into the courts. They will be your remedy if the local gov't unit isn't.

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