Question: We recently purchased a home in a new Peoria subdivision. One of the reasons that we purchased this home was that we liked the architectural and landscaping standards required by the CC&Rs for all homes in our subdivision. The CC&Rs also state, however, that our HOA is controlled by the developer’s representatives until 75% of the homes in our subdivision have been sold. At this time, only 50% of the homes in our subdivision have been sold. The problem now is that our HOA is not enforcing the CC&Rs, especially the exterior painting of at least eight homes in our subdivision. Several neighbors and I are concerned that, after the developer completes the sale of 75% of the homes in our subdivision and the homeowners then control the HOA, there will have been a waiver of some of the CC&Rs because of lack of enforcement. What can we do?

Answer: Although some developers are very aggressive in enforcing CC&Rs, other developers such as the developer in your subdivision do not want to spend the time and money to enforce the CC&Rs, especially if sales are strong and the subdivision will be sold out quickly. I would suggest that you and your neighbors hire an attorney to write a letter to the developer demanding that the CC&Rs be enforced now by the HOA. If that is unsuccessful, your attorney may advise you and your neighbors that you can file a lawsuit to enforce the CC&Rs.

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