CC&Rs May Be Waived If No Enforcement

Question: In our Mesa subdivision we have never had a Homeowners Association (“HOA”). The result is that our CC&Rs requiring HOA approval of sport courts have never been enforced, especially in relation to the recent construction of three pickleball courts. One pickleball court is next to our master bedroom. Who is responsible for enforcing our CC&Rs?

Answer: If there is no HOA to enforce the CC&Rs, each of the individual homeowners has the right to enforce the CC&Rs. Because of the time and expense, however, rarely do individual homeowners enforce CC&Rs. If your CC&Rs have never been enforced, the enforcement of your CC&Rs may have been waived.

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