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

UPDATED: Jan 18, 2012

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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