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Barrister
Barrister, Lawyer
Category: Real Estate Law
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Experience:  14 years real estate, Realtor. Landlord 24+ years
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Our HOA has covenants and the General Manager and Board of

Resolved Question:

Our HOA has covenants and the General Manager and Board of Directors are breaking 2 of them. I have brought it to their attention more than several times and they don't do anything. What can be done to get them to cease.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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In a HOA situation where there are violations, there are 3 entities that have the right to enforce the rules and take action for any violations. They are the developer, the HOA Board, and the individual owners. Assuming the developer is already long gone, if the HOA members are violating the CCRs, the it would fall to the individual homeowners to take legal action to force them to stop.
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This would be done in the form of the homeowner or homeowners filing suit against the HOA officers for breach of contract and breach of their fiduciary duty and asking for injunctive action from a judge to order them to stop any violations.
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But realistically, since the homeowner would have to pay for their legal expenses in bringing the suit against the officers, there aren't many owners who would be willing to foot the bill to sue for injunctive action against the officers.
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The less drastic recourse would be to bring up the violations at the next HOA meeting and see if you could get it put to a vote of the members to remove the officers if they continued to violate the covenants.

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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

 

Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 22677
Experience: 14 years real estate, Realtor. Landlord 24+ years
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