How Does An HOA Enforce CC&R?
The operations of your homeowners association are based on the covenants, conditions and restrictions, or CC&R, of your community. Below is a breakdown on each:
- Covenants: Promises on the part of all members
- Conditions: Conditions to membership in good standing
- Restrictions: Rules about property use
CC&R enforcement is a key part of an HOA’s responsibility to its members. The board of directors has both a contractual and fiduciary duty to enforce the CC&Rs. But how does a board gain compliance, while protecting itself from potential claims from violating owners or impacted members. The board must adopt policies and procedures to enforce the governing documents in a uniform manner that complies with the law and treats all homeowners fairly, and must further make and document enforcement decisions in a manner which elicits and preserves the protections of the business judgment rule. For effective enforcement and for the well-being of your community, it is best to consult with the experienced lawyers at our firm in Southern California.
Committed To Educating Homeowners Associations
Our attorneys draw on their extensive experience litigation enforcement action to provide your board with the tools and guidance it needs to effectively address violation matters. Our firm offers educational seminars on HOA enforcement for those leading your community. We believe boards with this legal knowledge are doing their best to protect their members and reduce the risk of a costly lawsuit.
Contact Our Firm To Learn More
As one of the pioneers in this area of law in Southern California, you can trust the legal guidance of Feldsott Lee Pagano & Canfield. Contact our firm today to set up an initial consultation. Call our firm in Laguna Hills at 949-729-8002. You also can send us an email.