If there’s no homeowner association, who enforces the neighborhood’s CC&Rs?
Question: In our East Valley subdivision, we have never had a homeowner association. The result is that our covenants, conditions and restrictions requiring homeowner association approval of sports courts have never been enforced, especially in relation to the recent construction of three pickleball courts. One pickleball court is next to our primary bedroom. Who is responsible for enforcing our covenants, conditions and restrictions?
Answer: If there is no homeowner association to enforce the covenants, conditions and restrictions, each of the individual homeowners has the right to enforce them. Because of the time and expense, however, rarely do individual homeowners enforce covenants, conditions and restrictions. If your covenants, conditions and restrictions have never been enforced, the enforcement may have been waived.
Contact real estate attorney Christopher A. Combs at .