Can an individual homeowner take legal action against another homeowner for violating CCR’s?

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Can an individual homeowner take legal action against another homeowner for violating CCR’s?

We have several people who seem to think the CCR’s don’t apply to them. Also, since our board doesn’t have any funds they know that it will not take action against them. Can I or a group of neighbors hire an attorney and file suit or take them to small claims without the use of an attorney?

Asked on January 18, 2012 under Real Estate Law, Oregon

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the HOA does not have the funds to enforce violations within the association of covenants, conditions & restrictions, you and other homeowners on behalf of the association and yourselves can take legal action against the offending homeowners.

You and other interested homeowners can retain an attorney on behalf of the association and yourselves as property owners to enforce the recorded restrictions on the properties in your association or if the amount of damages falls within the jurisdiction of the small claims court, you can bring an action on the homeowner's association's behalf in that forum.


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