If HOA Will Not Enforce CC&Rs Then Individual Homeowners Can

A Peoria neighborhood has a Covenants, Conditions, and Restrictions (“CC&R’s”) code that prohibits basketball goals in the front yard. Due to many foreclosures & mortgage defaults in this Peoria neighborhood the homeowner’s association (“HOA”) has no funds to enforce the CC&R’s. Two neighbors on a street have now installed basketball goals in their front yard, and at a recent barbeque in the community park, it was overheard that several other neighbors said they were planning on installing basketball goals in their front yards. An elderly couple in the neighborhood does not want children playing basketball in the streets. If the HOA will not enforce the CC&R’s restricting basketball goals in the front yard, is it possible for individual homeowners enforce the CC&R’s?

The general rule is that, if a specific provision in the CC&R’s is not enforced, this specific provision will be deemed invalid. In fact, if there are numerous provisions in the CC&R’s not being enforced, the entire CC&R’s could be deemed abandoned. If the HOA will not enforce the CC&R’s for whatever reason, e.g., lack of funds, individual homeowners under the CC&R’s are generally entitled to enforce the CC&R’s. Therefore, the elderly couple should notify the residents in this Peoria neighborhood that they intend to enforce the CC&R’s prohibiting basketball goals in the front yard, and they should contact an attorney to seek injunctive relief in court requiring the two homeowners that have installed basketball goals in their front yard to remove those basketball goals.

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