Dealing with CC&R Violations

Understanding and Addressing CC&R Violations in HOAs

In this blog post, we will delve deeper into "CC&R Violations" to better understand these issues and their impact on an HOA, outlining strategies to effectively address and mitigate these challenges.

What are CC&Rs?

Covenants, Conditions, and Restrictions (CC&Rs) are the governing documents that outline the rights and responsibilities of homeowners and the HOA. These documents can play an important role in maintaining community standards and may affect property values, and understanding them is often key to addressing disputes.

Common CC&R Violations

Architectural Violations

Architectural violations occur when homeowners make changes to their property that are not in compliance with the community's guidelines. This can include painting a house an unapproved color, making structural changes without approval, or installing non-compliant fixtures. Depending on the CC&Rs and architectural rules, homeowners may be required to obtain approval from the association's architectural review committee (or similar body) before making certain changes.

Landscaping Issues

Landscaping guidelines often include restrictions on the types of plants, maintenance requirements, and overall appearance. Violations can range from failing to maintain a lawn to planting non-approved vegetation. These guidelines are generally intended to promote a consistent look and feel throughout the community.

Nuisance Complaints

Nuisance complaints involve activities that disrupt the peace and quiet of the community. This can include excessive noise, strong odors, or other disturbances. Homeowners should review their governing documents and applicable local rules to understand what may constitute a nuisance and how complaints are handled.

Unauthorized Use of Property

Unauthorized use of property includes using a residential property for purposes not allowed by the CC&Rs, such as operating certain businesses or engaging in rentals that do not comply with the governing documents or applicable law. These issues can affect neighbors and may lead to enforcement efforts by the HOA.

Legal Hierarchy and Enforcement

Hierarchy of Laws

HOA regulations must comply with federal, California state, and local laws. If there is a conflict between CC&Rs and higher laws, the higher law will generally prevail. In some situations, homeowners may dispute the enforceability of a provision that appears inconsistent with applicable law.

Enforcement Actions

HOAs generally have authority under their governing documents and the Davis-Stirling Common Interest Development Act to enforce CC&Rs and, where authorized, impose monetary penalties. Enforcement procedures may be subject to statutory requirements, including notice and an opportunity for a hearing before discipline is imposed. Enforcement should be consistent and fair; inconsistent enforcement can create disputes and may raise legal issues.

Addressing CC&R Violations

Education and Training

Educating homeowners and board members about CC&Rs and their importance is crucial. Regular training sessions can help everyone understand the guidelines and the reasons behind them, fostering a sense of community and compliance.

Clear Documentation and Communication

Maintaining clear and accessible documentation of board actions, financial transactions, and decision-making processes is important. Under California law, many association records are subject to member inspection rights and related requirements. Effective communication channels, such as newsletters and community websites, can keep residents informed and engaged, helping to identify and address issues early.

Engaging Professional Help

In cases where CC&R violations significantly impact the HOA's operations, engaging professional help may be necessary. This can include hiring a professional management company to handle day-to-day operations or consulting with an experienced California HOA attorney to help evaluate compliance obligations and enforcement procedures. These professionals can provide guidance on applicable requirements and risk management.

Mobilizing Community Support

Homeowners can participate in community processes to address CC&R violations, consistent with the governing documents and California law. This may include attending meetings, communicating concerns in writing, or using member voting rights. In some circumstances, members may consider a recall election process as provided in the governing documents and applicable statutes.

Implementing Accountability Measures

Implementing accountability measures can help reduce disputes over CC&R compliance. Establishing clear expectations, documenting decisions, and using fair procedures can support consistent governance. Associations may also use internal dispute resolution processes and other procedures described in the governing documents and California law.

Conclusion

CC&R compliance and enforcement can be challenging for both homeowners and boards. Understanding the governing documents, the Davis-Stirling Act, and the association’s established procedures can help parties evaluate options and work toward resolution.

Listen to the Podcast Episode

Watch/Listen to the Episode on Spotify: Understanding CC&R Violations and Enforcement