Enforcement of CC&Rs without an HOA in CA

[Starwolf]

What is the name of your state? CA

We live in a fairly new neighborhood with CC&Rs but no HOA, not a mechanism in the CC&Rs to form one. The lots have all been sold by the Declarator and his involvement as the Architectural Committee has ceased. A new one has not been formed by the residents. Lately there has been a couple of people getting on the CC&R enforcement bandwagon. They would be ignored, but in a few cases they have a point (pretty egregious violations)

Q: In California, HOAs are required to use some form of ADR before filing suit. Is that true for individual suing to enforce CC&Rs? Any other information about CA CC&R enforcement outside of an HOA would also be helpful.What is the name of your state?

[Cedrus]

Sounds like there is a meeting once in a while to talk? True or false? Is their a de facto BOD? Who is "ignoring" the couple of people?

We had CC&R's in our old CA home/subdivision. There was no HOA, but a mutual water company that elected officers, held meetings, approved a budget for repairs and improvements, etc., etc.

What is an ADR? In CA anyone can sue anyone about the most mundane things. Why not spend $300 and talk to a RE lawyer for an hour?

Usually, after xxx % of the lots have been sold, control of the CC&R's revert from the developer to the homeowners. Is this the case?

Were any other papers filed with the Sect'y of State in CA concerning by-laws or similar?

[HomeGuru]

Originally Posted by Starwolf

What is the name of your state? CA

We live in a fairly new neighborhood with CC&Rs but no HOA, not a mechanism in the CC&Rs to form one. The lots have all been sold by the Declarator and his involvement as the Architectural Committee has ceased. A new one has not been formed by the residents. Lately there has been a couple of people getting on the CC&R enforcement bandwagon. They would be ignored, but in a few cases they have a point (pretty egregious violations)

Q: In California, HOAs are required to use some form of ADR before filing suit. Is that true for individual suing to enforce CC&Rs? Any other information about CA CC&R enforcement outside of an HOA would also be helpful.What is the name of your state?

**A: either you are incorrect or the CC&R's are poorly written.

[kcbuy]

State: CA

Starwolf: I have exactly the same problem. Did you get a reasonable answer? In surfing, I found references as "in most states, individual homeowners, who are supposedly benefitted by the convenants, also have the right to enforce the covenants". Trying to find anyone who will think outside the box of a Sterlin-Davis HOA is next to impossible. They just don't understand that not every group of homes might fall under a legal HOA with enforcement powers. Some CC&R's existed long before 1986 (the year Sterlin-Davis was enacted) but still run with the land. CC&R's continue to exist even if there was none or is no longer an HOA. Anyone can attached a non-discrimatory CC&R to his property, it's not just developers and subdividors. It makes sense that individuals negatively affected by significant violations should be able to seek a court cease and desist order. Can anyone tell me, in Calif, is there such a remedy?