Can a homeowner sue another homeowner for violations of CCR’s where there is no HOA?

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Can a homeowner sue another homeowner for violations of CCR’s where there is no HOA?

there are 16 lots in a residental area. CCR’s written by developer state that a HOA is to be formed after all lots are sold. All lots are sold, but no HOA has ever been created.There is a 20 year clause in the CCR’s for change or dissolution. We are in year 16 now.CCR’s state no livestock…”chickens”…etc. and excepetions can be granted by HOA or developer, but there isn’t one.so can HO1 sue HO2 for violations and does HO2 have any recourse for getting an exception?

Asked on August 8, 2012 under Real Estate Law, Iowa

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country where there are recorded covenants, conditions & restrictions with respect to a planned unit development and the HOA refuses to act upon such a violation, an individual homeowner or homeowners are allowed to sue individually to enforce the alleged violated restriction.


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