What recourse is available to a member of an HOA if the Board of Directors makes a conscious decision to not enforce a provision of the CC&Rs?

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What recourse is available to a member of an HOA if the Board of Directors makes a conscious decision to not enforce a provision of the CC&Rs?

C,C&Rs specifically prohibit pets on the property. Several residents have acquired pets … dogs and cats. Board has respond to complaints saying, “we are not dog cops”.

Asked on April 13, 2012 under Real Estate Law, Arizona

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the board of your HOA refuses to follow recorded covenants, conditions & restrictions with respect to the planned unit development that you are writing about as to pets your option is to consult with an attorney that practices in the area of HOA law regarding a possible lawsuit against the board to compel it to enforce the provision that you have written about.

I suggest that you get several other homeowners who have similar sentiments as you as to the provision that you want to enforce to join you in your efforts. The additional homeowners will help spread the costs around so that they will not be entirely on you.


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