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CC&R violation

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mrssb

Guest
What is the name of your state? Oregon. I live in a development where the CC&R's (concerning hot tubs) state, "Exterior hot tubs must be screened from neighboring views by fencing." We do not have a home owners association and are not assessed fees. My neighbor has installed a hot tub less than 20 feet from my dining area window and has done nothing to screen it from our view....although they have mentioned that they are going to...it has been over a year. Do I need a lawyer to get a court order to enforce this? Or go to small claims court and fill out paper work? We received a copy of the CC&R's when we moved into this new home in May of 2003. The original developer has sold all of the lots and say they have no "clout" to inforce them...it is now up to the homeowner, but I don't know where to start. Thank you for any advice.
 
Last edited:


HomeGuru

Senior Member
mrssb said:
What is the name of your state? Oregon. I live in a development where the CC&R's (concerning hot tubs) state, "Exterior hot tubs must be screened from neighboring views by fencing." We do not have a home owners association and are not assessed fees. My neighbor has installed a hot tub less than 20 feet from my dining area window and has done nothing to screen it from our view....although they have mentioned that they are going to...it has been over a year. Do I need a lawyer to get a court order to enforce this? Or go to small claims court and fill out paper work? We received a copy of the CC&R's when we moved into this new home in May of 2003. The original developer has sold all of the lots and say they have no "clout" to inforce them...it is now up to the homeowner, but I don't know where to start. Thank you for any advice.
**A: you could take the neighbor to court or form a HOA and sit on the board. Then issue a citation and if there is no compliance turn the matter over to the HOA attorney.
 

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