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HOA judgement for CC&R’s violation violatiions.

Hi Dennis
Do you know of any case where an HOA has been successful in getting a judgement against a homeowner for a CC&R violation regarding a lease? Short term VRBO versus CC&R’s 12 month lease.
Thank you
Bente

1 Response

  1. dennisl

    Bente,

    I just discovered that I never responded to your question. I truly apologize for this oversight. I usually try to respond the same day.

    To your question. Most CC&R’s provide a provision that allows any homeowner to take action against any other homeowner for an alleged violation of the CC&R’s. Such action would have to take place in superior court or any other court of authorized jurisdiction but could not be taken via a petition to the Department of Real Estate and an administrative law judge. That jurisdiction is limited by law to only disputes between the association and a homeowner.

    First check you specific CC&R’s for this specific authorization, then look and make sure that what you are claiming is in fact clearly specified in the CC&R’s, not just your interpretation of what is specified. To win it must be clearly a violation. Before you attempt to take on such litigation first try to get the Association to enforce the CC&R’s and do this for you. They have the power to do this in many ways without having to use the court system. You have no choice but to only use the court system at your own expense. Such litigation could cost you 10’s of thousands of dollars so you need to consider that carefully before you proceed, and I would never recommend that anyone attempt litigation in superior court without the use of an attorney experienced in property servitude law.

    Do I know of anyone that successfully litigated against another homeowner, no I do not. Nearly all of the court action that I’ve seen or read involved a homeowner suing the association for their failure to enforce the CC&R’s. Some haver been successful and some have not, depending on the specific language in the CC&R’s and a reasonableness standard being applied to the action of the Association.

    I again apologize for the delay in this response, it simply fell thru the cracks of my schedule.
    Hopefully this helps.

    Dennis

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