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LawTalk
LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 37834
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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I want to sue my HOA to enforce the CC&Rs, which has hurt

Customer Question

I want to sue my HOA for failure to enforce the CC&Rs, which has hurt the value of properties in our community. How do I find a good contract lawyer in Utah who has a track record of successfully suing HOAs in Utah?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

I will presume that some owners are violating the CC&R's and the HOA is not enforcing the rules.

Your first avenue of approach will be to file a formal complaint with the HOA board, and ask that they find that certain owners are in violation of the By-laws and immediately take measures to stop the continued violations, and that they sanction/fine the homeowners for the violations and follow up by liening the properties of the violators if necessary.

Failing that you may institute a private suit against the owner and seek the help of the court to enforce the covenants of the HOA as you have a legal interest in seeing that they are upheld. The court can then order that the structure be removed or some made to conform to the HOA covenants in place.

The last option that you have, and I say last because it is likely to be the most expensive, is to actually file suit against the Board itself for failing to enforce the covenants. The allegation in the Complaint will read something like this:

As a result of the intentional failure of the Association to enforce the declarations and the guidelines and discharge its duties, as a result of the association’s failure to act, and as a result of the association’s defective and negligent performance, the (insert your associations name here) community has been degraded.

These sorts of suits have been successful in courts across the US.

You will need to seek the help of a Homeowners Association attorney who handles community association law. Here are a couple of links to Utah based attorneys who handle this rather specialize area of law:

https://www.morrissperry.com/

http://www.cohnekinghorn.com/

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,

Doug