CC&Rs no HOA

Started by KatieE • 9 replies • 341 views

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KatieE (Oregon)
Posts: 13

Posted:

We have cc&rs, haven't had an HOA since 1999, and our bylaws haven't be updated since 1974
No one in the neighborhood follows them. The only rule that is followed is the rule that says "mobile homes only"
If no one is following any of the other rules like "garage can't be taller than house" "no unnecessary tree cutting" "property must be kept clean"
if someone builds a house, would a lawsuit hold up based off of the fact no other bylaw is followed in the neighborhood?

SheliaH (Indiana)
Posts: 6,964

Posted:

There's a difference between Bylaws and CCRs. Bylaws generally dictate how the community is to be run (e.g. number of board members) while CCRs dictate how the common areas are to be handled. Reread your documents to ensure you know where these rules are. If they're not in either section, it may be the previous board established them when you had a formal HOA. The mistake most folks make is that they think if they stop electing board members and collecting assessments, the HOA ceases to exist and those pesky CCRs go away. Not necessarily - CCRs usually run with the land and can be enforced by one homeowner against the other.

Would a lawsuit prevail if someone bought a lot and built a house on it instead of a mobile home, and a neighbor sued? Maybe, maybe not. You'll probably need to go to a private attorney to get some insight on how that might work, as most of us aren't attorneys may not live in your state. Even then, the answer might not come forth unless someone pushes the issue and files a lawsuit. If you want to spend the money, go ahead - you might win.
Then again if you sue the homebuilder, how would you respond to "hey, you guys haven't enforced ANYTHING for over two decades, so why are you complaining now?"

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By SheliaH on 11/10/2021 3:51 PM
There's a difference between Bylaws and CCRs. Bylaws generally dictate how the community is to be run (e.g. number of board members) while CCRs dictate how the common areas are to be handled. Reread your documents to ensure you know where these rules are. If they're not in either section, it may be the previous board established them when you had a formal HOA. The mistake most folks make is that they think if they stop electing board members and collecting assessments, the HOA ceases to exist and those pesky CCRs go away. Not necessarily - CCRs usually run with the land and can be enforced by one homeowner against the other.

Would a lawsuit prevail if someone bought a lot and built a house on it instead of a mobile home, and a neighbor sued? Maybe, maybe not. You'll probably need to go to a private attorney to get some insight on how that might work, as most of us aren't attorneys may not live in your state. Even then, the answer might not come forth unless someone pushes the issue and files a lawsuit. If you want to spend the money, go ahead - you might win.
Then again if you sue the homebuilder, how would you respond to "hey, you guys haven't enforced ANYTHING for over two decades, so why are you complaining now?"

Sound advice.

KatieE (Oregon)
Posts: 13

Posted:

We do not have an HOA. Just CC&Rs that tell us the rules of our neighborhood. No one is enforcing them. However, there is not a stick built home in here yet, So I wonder if that happened, if there would be any way they could avoid a lawsuit or counter sue if it happened.

KatieE (Oregon)
Posts: 13

Posted:

KatieE (Oregon)
Posts: 13

Posted:

KatieE (Oregon)
Posts: 13

Posted:

woops sorry about that, my computer glitched.

AugustinD
Posts: 3,698

Posted:

Quote:

Posted By KatieE on 11/10/2021 2:08 PM
We have cc&rs, haven't had an HOA since 1999, and our bylaws haven't be updated since 1974
No one in the neighborhood follows them. The only rule that is followed is the rule that says "mobile homes only"
If no one is following any of the other rules like "garage can't be taller than house" "no unnecessary tree cutting" "property must be kept clean"
if someone builds a house, would a lawsuit hold up based off of the fact no other bylaw is followed in the neighborhood?

A lawsuit to enforce covenants that have been ignored for decades may very well be unsuccessful. This is because the court might determine that the covenants have been "abandoned."

But there are no guarantees.

AugustinD
Posts: 3,698

Posted:

A lawsuit to enforce a covenant that has been observed all these years is far more likely to be successful. Hence: If a mobile home owner sues a stick-built home owner to enforce the covenant that requires only mobile homes, and the covenant requirement mobile homes obviously has been respected and not violated for decades by other owners, the chances of success of continuing to have only mobile home owners (and no stick built home owners) are good.

The other covenants not being enforced do not affect the enforceability of the one covenant that has been respected for years by owners in the community.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Katie

It seems your HOA has gone dormant. This does not mean there is no longer one, it just that it is dormant. It can easily be re-activated. Somebody(s) just has to be willing to do so. You say there are Covenants but no Bylaws. In some cases the Bylaws are part of the Covenants.

As to your issue of stick built houses not being allowed, one could still contest someone building a stick built house under the Covenants, be the HOA dormant or not. Someone just has to be willing to do so.

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