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BobP8 (North Carolina)
Posts: 2
Posted:
Our HOA is relatively new (4yrs). Our association consist of 10 families. We do collect dues which goes towards maintaining our private road and common areas. The CC&R is a part of the deed when you purchased the property. To date we have not had any issues pertaining to violations of the CC&R. We how have an issue and we are not sure how strong a case we have. The covenants states: "Lot Maintenance: It will be the Lot owners responsibility to maintain their entire parcel. Specifically, this will include mowing the grass on the entire Lot including the shoulder of the subdivision road up to the edge of the pavement, removing any dead trees or shrubs, and generally maintaining a clean and orderly appearance for the property. Garbage and Refuse Disposal: No Lot shall be used or maintained in an unsightly manner or as a dumping ground for rubbish, trash or debris. Rubbish, trash, debris, garbage and other waste shall be kept only in sanitary containers. Any trash stored outside must be kept in sealed containers. No trash bags may be stacked outside waiting removal". These standards could be interpreted in many ways. The board feels that the "standard" should be reflective of the standards set in the neighborhood as a whole. Any inputs would be appreciated.
The violations include garbage can on the side of the road 7 days a week, vinyl indoor chair sitting on front porch, mattress boxspring laying in the yard. There's also an non registered vehicle parked in the front yard.
SueW6 (Michigan)
Posts: 814
Posted:
The description you listed would fit any municipality's definition of ordinance violation, too. For sure, no nieghborhood should have to put up with what you listed.

So, you can have them (city)issue tickets.

How is your association ENFORCING its CCRs? That really is the issue, you know.
KerryL1 (California)
Posts: 14,550
Posted:
What do your CC&Rs say about how to enforce violations? Do you, for instance, have a fine schedule? Can you send a letter giving them x days to clean up or be called to a hearing??
KerryL1 (California)
Posts: 14,550
Posted:
What do your CC&Rs say about how to enforce violations? Do you, for instance, have a fine schedule? Can you send a letter giving them x days to clean up or be called to a hearing??
BobP8 (North Carolina)
Posts: 2
Posted:
Two of the three replies questioned the guidelines for enforcement. Here is the paragraph that addresses enforcement: Enforcement: Enforcement of these restrictions and conditions shall be by proceeding at law or in equity against any person or persons violating or attempting to violated any covenant or condition, either to restrain violation thereof or to recover damages therefor. Injunctions shall not issue to compel the removal or moving of any completed residence for violation of side setback or front setback restrictions, the sole remedy of any offended person being a suit for damages.
I was looking for insurances that our CC&R was strong enough to stand up legally, maybe by having to deal with these issues in the past. Also maybe some guidance as to actions after letter is issued to homeowner.

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