How does the Board enforce the CC&R's

Our CC&R's state "Camping shall not be permitted" but given the fact that nowhere in our docs is anything that states what the Board can do to enforce this. Do we have the authority to send letters, impose fines ,have the particular "camping vehicle or tents" removed? There is a rumor being spread that a lot owner is planning on testing the enforcement of this rule. Is there an "implied" course of action that we have to follow?

Thanks for responding ,in our CC&R's the Section 10 Enforcement states" The Association,acting by and through the Committee,shall have the right and power to injunctive relief to enforce the provisions of the these covenants and restrictions and damages in the amount of the cost of the correction for any violation of these covenants and restrictions,plus costs of suit and reasonable attorney's fees,from the owner of any lot within the Subdivision where such violation has occurred, and the amount of judgement in any such case shall become a lien against said lot dischargeable by correction of such violation or by payment of such judgement awarded by the court and payment to the Committee of the costs of suit and attorneys fees or by foreclosure.These rights and powers of the Association shall not affect or detract from thr right of any owner of a lot within the Subdivision to seek and obtain such reliefas may be afforded by law."

Sorry ,that it is so long , but these are the original Developers docs and they have since turned all this over to the Board.Does all this "legalese" say the same thing as yours?

Jeff,

I find it very unusual that your CCRs only provide for a court action to enforce the deed restrictions. If this is in fact the only provision regarding enforcement, it appears to me an amendment to the CCRs is in order!

But it appears to also mean that the board can enforce the deed restrictions and send letters (warning letters, notice letters, etc) to the violators and demand compliance first before having to take legal action.

The first letter: courtesy reminder regarding the deed restriction, giving the benefit of the doubt that the violator was unaware he/she was in violation.

The second letter, should compliance not be obtained with the first letter, can again remind the Homeowner of the restriction and also remind the homeowner that the board CAN enforce by going to court to obtain whatever legal remedy is available, and reminding the homeowner that he/she will be responsible for those costs.

From there, if compliance is not obtained, I'd go ahead and toss it over to an attorney to send a couple "shots across the bow" letters, and then, if necessary, go ahead and file suit.

The hardest part is the first few times you have to do that. If you are consistent, MOST violators will comply by the second letter. Sometimes a handful will take it to the attorney's first notice. All but that rare, obstinate one or two will take it to the attorney second notice, that also include the draft of the lawsuit that will be find.

My guess is that by then all will have reached compliance.

In over 12 years we've only had to actually go to court 3 times. Only one of those times did we get as far as a trial. We won that one. The other two "entered into an agreement" that was filed for the judge to enter as an order prior to trial. The "agreement" was that they agreed to comply with all restrictions. After that, any out-of-compliance would also mean a contempt of court issue.

The key is consistency. And having the "stones" to say "this is what we have to do."