Court Action

For alleged violations that are not resolved, associations may decide to bring legal action against a resident for enforcement of a covenant. A court of law which has jurisdiction over the parties and the subject matter may render a formal judgment for or against the resident. Importantly, courts cannot enforce covenants for which they cannot determine a binding contract between the parties. The petitioning party must be able to show that the resident, in agreeing to the covenant(s), received some form of consideration in return for the promise. This may be inferred from circumstances evidencing increased property value, etc., but may also be a stumbling block for the association if its cause of action is not properly articulated. To overcome this possibility, associations tend to back up their lawsuits with citations of common law that parallel the covenants, e.g., public and private nuisance, interference with the use and enjoyment of property, disturbance of the peace, etc.

Courts of law may award monetary damages, impose injunctions, impound vehicles, or compel removal of personal property such as pets, in upholding CC&Rs. They may empower the association itself to take action, or compel relief through other resources, such as local police

Inside Court Action