Covenants, Conditions & Restrictions (CC&Rs) are restrictions on a property that are enforceable against your and your neighbor’s real property. They include ownership of property in a Homeowner’s Association (HOA) or a planned unit or gated community development. If you are involved in a dispute that needs enforcement of your neighborhood or property rules of CC&Rs or an HOA agreement, Craig Sherman can assist you in determining your rights and the best plan of action – both practically and legally. As with most legal issues, time is a factor and if you don’t exercise your rights you may lose the chance to do so, not to mention the stress and loss of enjoyment during the interim.
CC&Rs can affect condo owners, homeowners, property owners or managers and trustees. Enforcement of the terms of CC&Rs can quickly escalate into open litigation. HOA disputes can likewise quickly turn into a lawsuit or your enjoyment and value of property will be lost.
Our services include reviewing and advising on the contents of CC&Rs both before you buy, and if you get into a situation where something appears not right. We also enforce and defend CC&Rs and HOA agreements. Both individual owners or members of the association have the right to enforce the CC&R. CC&Rs can include deed restrictions for fence height, views, plantings and vegetation, lawn care, and many other issues. If a lawsuit has been filed against you under a CC&R or other agreement, or if you need to do so, you should act quickly to protect your rights and it is possible and provided by law to have the losing party pay the other side’s attorney’s fees when you prevail.