Enforcement of Covenants, Restrictions Without an Association

Question: The CC&Rs for our Buckeye community of 38 homes were adopted in 1978. There has never been an HOA to enforce the CC&Rs. A provision in our CC&Rs prohibits two-story homes. A recent buyer of a one-story home in our Buckeye community plans to “tear down” the one-story home to build a two-story home. Several owners of one-story homes in our community, whose views of the White Tank Mountains will be affected by two-story homes, want to oppose the construction of this two-story home. If there is no HOA, how do we enforce our CC&Rs to prohibit two-story homes?

Answer:  If there is no HOA, or if an existing HOA refuses to enforce the CC&Rs, a homeowner generally has the right to enforce the CC&Rs by an injunction lawsuit in Superior Court. The buyer of the “tear down” one-story home will probably defend this lawsuit and file a counterclaim for damages and attorneys’ fees.