CC&R Compliance Without an HOA?

[SARmedic]

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

I live in a newer development that is about 3 years old and roughly 80% complete, and will have ~50 homes at time of completion. My problem stems from several neighbors along my ingress/egress that are not observing quite a few of the CC&R rules, presumably because we don't have an HOA.

Is the only way to get them to abide by them through the court system? I've tried talking to them and it falls on deaf or hostile ears. Even more so because my next door neighbor is friends with the construction manager, who lives five doors down, and this pertains to both of them.

I would sell this house in order to avoid this, but nobody would buy it with these problems.

Thanks.

 

[HomeGuru]

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

I live in a newer development that is about 3 years old and roughly 80% complete, and will have ~50 homes at time of completion. My problem stems from several neighbors along my ingress/egress that are not observing quite a few of the CC&R rules, presumably because we don't have an HOA.

Is the only way to get them to abide by them through the court system? I've tried talking to them and it falls on deaf or hostile ears. Even more so because my next door neighbor is friends with the construction manager, who lives five doors down, and this pertains to both of them.

I would sell this house in order to avoid this, but nobody would buy it with these problems.

Thanks.

**A: you would take the builder/developer to court to enforce the CC&R's absent no HOA.

 

[CLJM]

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

I live in a newer development that is about 3 years old and roughly 80% complete, and will have ~50 homes at time of completion. My problem stems from several neighbors along my ingress/egress that are not observing quite a few of the CC&R rules, presumably because we don't have an HOA.

Is the only way to get them to abide by them through the court system? I've tried talking to them and it falls on deaf or hostile ears. Even more so because my next door neighbor is friends with the construction manager, who lives five doors down, and this pertains to both of them.

I would sell this house in order to avoid this, but nobody would buy it with these problems.

Thanks.

SARmedic,
Until the developer of the community turns the community over to the homeowners, they retain the HOA rights and responsibilities. You should check your CC&RS to determine when that will be---usually determined by % buildout....but, if no one says anything, then the developer does what/how/when as he likes.

While the HOA is retained by the developer, the homeowner's right to any remedy is through the developer. Take your CC&RS, your (written) complaint of non compliance issues and address them with the developer. It is the developers responsibility to address the issues to the neighbors. It is the deveopler who has the authority and control until such time as they turn the HOA over to the homeowners.

You might also show an interest to the developer that you would like to be considered for a seat on the BOD---because that will happen too---- as the deveoper reliquishes authority, the homeowners will compete for Board seats.

 

[SARmedic]

Thanks for the advice. I'll give it a try after looking over my paperwork regarding the percent completion rate that was mentioned above.

 

[SARmedic]

What is going on here? I did not post about checking paperwork although the original question was mine.

Was that some sort of auto-reply, because I'm not very fond of this system if it was.

 

[HomeGuru]

You probably forgot since the post is over a year old. Anyway, any new development concerning your issue?