Can CC&Rs Be Enforced To Prevent “Crazy” Driving In Neighborhood?
Question: We own a home in a small community of twelve homes in Camp Verde. Although we have CC&Rs, there is no HOA. One of the homes is owned by a Phoenix resident who on weekends comes up with his two sons, and they drive their trucks and motorcycles like crazy in our community. We have tried to talk reasonably with this homeowner, but he either gets angry or ignores us. Can we fine this homeowner? If not, how can we stop the uproar every weekend? If we have to hire an attorney, can this homeowner be required to reimburse us for our attorneys’ fees?
Answer: First, even if there is no specific language in your CC&Rs relating to driving reasonably in the neighborhood, your CC&Rs should have general language that states, in essence, that all homeowners must respect the rights of other homeowners in the community. Second, unless the CC&Rs have a fine schedule, or are amended to have a fine schedule, e.g., $75 for the first CC&R violation, $150 for the second CC&R violation, etc., this homeowner cannot be fined. Therefore, you will have to hire an attorney to get an injunction from a judge to stop the homeowner and his two sons from driving crazy in your community. The CC&Rs are a contract among the homeowners, so the judge can award you some or all of your attorneys’ fees. A.R.S. §12-341.01.
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