Are CC&R's valid and enforcable, without an active HOA? (My HOA was abandoned in 1984.) I have a complaint (CC&R violation by neighbor) and I don't know who to turn to.)
Asked on 5/07/12, 12:25 am
1 Answer from Attorneys
Bryan Whipple
Bryan R. R. Whipple, Attorney at Law
Many would be. CC&Rs;protecting rights of neighbors generally "run with the land" and are not dependent upon either who owns the land nor on the continued existence of a third-party body such as an HOA. Enforcement would be by way of a civil lawsuit in the local Superior Court. I suggest asking a real-estate lawyer in your town for a (free) initial consultation, and bring any documents containing the CC&R with you.
Answered on 5/07/12, 7:28 am
