Limits can be placed on enjoyment and usage of a property with the help of Covenants, Conditions, and Restrictions (CC&Rs). It is usually an agreement that property buyers have to sign in order to buy real estate from a seller who is currently a part of a Home-Owners Association (HOA). The buyer automatically becomes a member of the HOA upon completion of the transaction. Legal representation will help you understand the terms of the CC&R and allow you to fight back at complaint hearings.
Listed below are the common subjects covered in a CC&R:
The CC&R may specify the required general appearance of the home, such as the allowed colors for painting and fence types. They can limit the number of cars that can be parked. New construction or modifications may need permission from the HOA. Complaints can be filed against you for violations like noise, pet nuisance or unauthorized business usage.
Disciplinary action can be taken and the HOA even has the power to force you to sell the property. The HOA is required to send you a written notice of the complaint and provide you with a chance to ask for a hearing to contest the charge. The notice will explicitly mention your right to legal representation for the hearing.
Do you or does someone you know need legal information regarding Covenants, Conditions, and Restrictions? Our real estate lawyers are here to help. Contact a real estate attorney in your area today for more information.
Did you know?
You have 15 days to ask for an HOA hearing to contest a complaint.
If you do not ask for a hearing within 15 days after getting a complaint notice for violation of the HOA Covenants, Conditions, and Restrictions (CC&Rs), your right to a hearing gets waived. You can always file a lawsuit against the complainant and the HOA.