Owners Should Demand CC&R Enforcement
Question: We recently purchased a new home in a Peoria subdivision. Less than 50% of the homes have been sold in the subdivision. One of the reasons that we purchased our new home was that we liked the architectural and landscaping standards in the CC&Rs for the homes in the subdivision. The problem now is that the homeowners association is still controlled by the developer, and this developer is not enforcing the CC&Rs, especially in relation to exterior painting of at least eight homes in the subdivision. Several neighbors and I are concerned that, after the developer completes construction of the subdivision and the homeowners then control the homeowners association, 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. This typically happens when sales in the subdivision are strong and the subdivision will be sold out quickly, at which point the responsibility for the enforcement of the CC&Rs is transferred to the HOA. 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, and, if that is unsuccessful, you and your neighbors may have the right under your CC&Rs to file a lawsuit against the developer to enforce the CC&Rs.