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Ongoing CC&R Violations Could Lead to Restraining Orders

Posted by Garrett Wait | May 23, 2014

Owners of properties in HOAs occasionally don't review the governing documents as closely as they should. When owners begin doing work on their property, it could be in violation of the CC&Rs, specifically when the CC&Rs contain certain architectural restrictions. If owners are allowed to continue work in violation of the CC&Rs, it could lead to extensive property damage to neighbors, or possible economic loss due to a decline in home values.  These violations must be stopped, and it is in the Association's best interest to file an application for a temporary restraining order and permanent injunction. If the Court can see that the owners' violations are of an emergency nature, the judge can order construction stopped for the duration of the lawsuit.

While there are some relatively high legal hurdles to clear, Associations do have the ability to cease construction projects which could lead to serious economic and aesthetic harm if owners are in violation of the governing documents. If your Association is dealing with an ongoing issue like this, give the attorneys at Kriger Law Firm a call and see if injunctive relief may be available.

About the Author

Garrett Wait

Senior Associate Practice Areas: Community Association Counsel Civil Litigation Garrett Wait is a Senior Associate with Kriger Law Firm where he provides both general counsel and litigation services to community associations. Early in his career, Garrett spent five years at Kriger Law Firm, gui...


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