> The method of enforcement of CC&R's is a lawsuit (at least in
> California). They have to sue you.
Generally, the Homeowner's Association is entitled to immediate injunctive
relief, pending the outcome of the case if a complaint is
filed in a court of competent jurisdiction. Know what you agreed to in the
CC&Rs in the event they call your bluff.
> continuing violations of the CC&Rs. The basic legal concept is that
> you can lose a right if you fail to claim that right for some period of
> time or you selectively claim that right.
Most CC&R language is drafted in a manner where the homeowner waives his right
to a laches defense (e.g., the Association knew of
your CC&R violation and that of others but acquiesced and failed to act in a
timely manner).
> I told them I would be happy
> to let it all go to court and see what a judge thought. No one sued
> and I kept the system up until I moved several years later.
Count your blessings. It's not a matter of what the judge thinks (too much
Judge Judy on TV). Believe it or not, the judge must
rule within the framework of his jurisdiction's applicable contract law.
> This is practical advice, not legal advice. If you put it up rather
> than ask for permission, they have to go to the expense of suing you to
> get it down.
Or, they can place a mechanic's or construction lien against your property for
violating the CC&Rs, and at little inconvenience to
the Association. Again, Be prepared for the Association to call your bluff.
It's critically important to go back and read what you have agreed to before
placing yourself at risk, particularly with what you
have agreed upon in the event of breach.
-Paul, W9AC
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