Enforcability of CC&R's sans HOA

[braindead0]

What is the name of your state (only U.S. law)? Nevada

We're looking to buy a house in Nevada, and many have CC&R's with vague language and arbitrary rules. For example "No obnoxious or offensive activity shall be carried on upon any lot" or "No sign of any kind shall be displayed to the public view on any lot except one professional sign of not more than one square foot...."

Further the CC&R claims any deed holder shall have the right to enforce, by any proceeding at low (sic) or in equity, all Covenants and Restrictions imposed by the provisions of this Declaration.....etc..

The question I have is how would a neighbor (for example) go about trying to enforce these? Wouldn't a civil case require damages? It just seems to me (not being a lawyer of course) that CC&R's are nearly unenforceable.

Thanks for any illumination on this subject, I'm very curious how this type of thing works out. In particular as my wife is an artist and the odds of having a sculpture in the front yard are very high and there's always someone that's offended by just about anything.

 

[tranquility]

They can sue for injunctions to prevent you from doing something or to have you change something back. (And then charge you for their attorney if you didn't really have a good argument or if there are fee shifting provisions in the CC&R's.)

The provisions you mentions are the worst I've heard. A fairly subjective standard and allow any owner to sue is a recipe for disaster. Instead of making them unenforceable, they make them enforceable by the least tolerant owner. I'd stay far away.

 

[braindead0]

Thanks for the advice. Sadly this type of wording seems all too common around there in particular the 'anybody can enforce' clause when there is no HOA however I've only so far been able to look at a few.

From what I've been able to gather the county (Washoe) requires developers to slap CC&R's on everything as a condition of subdividing the property regardless of plans to have an HOA or not.

 

[CLJM]

What is the name of your state (only U.S. law)? Nevada

We're looking to buy a house in Nevada, and many have CC&R's with vague language and arbitrary rules. For example "No obnoxious or offensive activity shall be carried on upon any lot" or "No sign of any kind shall be displayed to the public view on any lot except one professional sign of not more than one square foot...."

Further the CC&R claims any deed holder shall have the right to enforce, by any proceeding at low (sic) or in equity, all Covenants and Restrictions imposed by the provisions of this Declaration.....etc..

The question I have is how would a neighbor (for example) go about trying to enforce these? Wouldn't a civil case require damages? It just seems to me (not being a lawyer of course) that CC&R's are nearly unenforceable.

Thanks for any illumination on this subject, I'm very curious how this type of thing works out. In particular as my wife is an artist and the odds of having a sculpture in the front yard are very high and there's always someone that's offended by just about anything.

The recorded governing documents are meant to be vague and arbitrary----this allows for the powers to stand the test of time and not easily amended/changed but allows HOA Board to then implement "guidelines" which are really the rules that the community governs by and is governed by.

Using your example: "No obnoxious or offensive activity shall be carried on upon any lot" We understand that could include just about anything. The recorded documents basically gives the Board the "powers"...the Board then sets the guidelines to define the "activities" that will be considered obnoxious or offensive. An example to that would be, perhaps no basketgoals in the front of the house, or, no sun bathing on the front roof. As in the example of your wife's sculpture placed in the front yard---the HOA's I have belonged to and served on the BOD, would be very cautious about scuptures in the front yards.

In regards to property owners having the right to enforce---I believe that may mean that a property owner has the right to the protection of the governing documents. That if the BOD is not enforcing the restrictions, then a property owner can take action to force the HOA and BOD to do so. If a resolution cannot be worked with the HOA/BOD through "due process" regarding the violation and non enforcement, the property owner can then pursue legal remedies to hold the HOA/BOD accountable. This of course, does happen and rightly so sometimes.

CC&R's are indeed enforceable, and sometimes to great lengths for compliance.....all depending on how the Association is set up and operated; some are very strong, and others quite lacking. The architectural review board (called by different names) can be said to be the real "power" of the HOA ----they govern and administer the approvals of anything pertaining to the "lots" in the community.

Hope this helps

 

[FarmerJ]

This alone "No obnoxious or offensive activity shall be carried on upon any lot" would be enough to make me look somewhere else. That is just too much , Im sure there has to be a great deal on a home that has no HOA restrictions at all or a home with restrictions that are worded better.

 

[braindead0]

The recorded governing documents are meant to be vague and arbitrary----this allows for the powers to stand the test of time and not easily amended/changed but allows HOA Board to then implement "guidelines" which are really the rules that the community governs by and is governed by.

Using your example: "No obnoxious or offensive activity shall be carried on upon any lot" We understand that could include just about anything. The recorded documents basically gives the Board the "powers"...the Board then sets the guidelines to define the "activities" that will be considered obnoxious or offensive. An example to that would be, perhaps no basketgoals in the front of the house, or, no sun bathing on the front roof. As in the example of your wife's sculpture placed in the front yard---the HOA's I have belonged to and served on the BOD, would be very cautious about scuptures in the front yards.

In regards to property owners having the right to enforce---I believe that may mean that a property owner has the right to the protection of the governing documents. That if the BOD is not enforcing the restrictions, then a property owner can take action to force the HOA and BOD to do so. If a resolution cannot be worked with the HOA/BOD through "due process" regarding the violation and non enforcement, the property owner can then pursue legal remedies to hold the HOA/BOD accountable. This of course, does happen and rightly so sometimes.

CC&R's are indeed enforceable, and sometimes to great lengths for compliance.....all depending on how the Association is set up and operated; some are very strong, and others quite lacking. The architectural review board (called by different names) can be said to be the real "power" of the HOA ----they govern and administer the approvals of anything pertaining to the "lots" in the community.

Hope this helps

I think you missed that there is no HOA involved in this case.

 

[braindead0]

This alone "No obnoxious or offensive activity shall be carried on upon any lot" would be enough to make me look somewhere else. That is just too much , Im sure there has to be a great deal on a home that has no HOA restrictions at all or a home with restrictions that are worded better.

I'll never ever purchase property with an HOA.

This particular property sold to some other sucker anyway and we weren't seriously considering it... I was just using that as an example of some of the really messed up CC&R's I've seen.

It really firms up my resolve to get copies of any CC&R's on any property were considering prior to making an offer.

Thanks everyone for the feedback and information.

 

[HomeGuru]

I'll never ever purchase property with an HOA.

This particular property sold to some other sucker anyway and we weren't seriously considering it... I was just using that as an example of some of the really messed up CC&R's I've seen.

It really firms up my resolve to get copies of any CC&R's on any property were considering prior to making an offer.

Thanks everyone for the feedback and information.

**A: good observation. CC&R's are law in community associations even if there is no HOA.