Another CC&R's but no HOA

We are located in northern Washington State. We are 10 lots with only 6 houses built. All lots are have been sold since 2008 with the developer not onwing any of them. We have no HOA, we have CC&R's and no Archetictual commitee. I'm the only owner who seems to care about our community. I'm the one who mows all the common grass areas, make sure the road is clean, the entry gate is operating correctly and all garbage is picked up. I basically take care of the community at my cost and time. One of the owners had chickens, which were roaming off his property into the common areas and crapping everywhere. Myself and another owner did not care for this. The other owner was scared of hostility and did not want to get involved. So, I go it solo and ask the owner with the chickens to maintain them to his property. He said ok. Two weeks go by and he doesn't do a thing. Ask him a second time. He says ok. Nothing happens. Ask him a third time and he's mad. I write him an email outlining the restriction as per our CC&R's that chickens must be maintained in a fenced area or adequate coop. He somewhat complies but lets them out every so often. But, he states that he doesn't care about the CC&R's. Here is the bigger issue. He is building a wood fence on his property to contain his chickens and I previously advised him to adhere to the CC&R's, which state the fence must be the same in style and materials as the perimeter plat fence. It is currently a vinyl fence with 2 horiontal beams only. My question is I would like to ask him again to adhere to the CC&R's to match his fence to the existing perimeter fence. We have no HOA. Do I have a leg to stand on if I advise him of court action if he doesn't comply?

Jeff,

Never threaten court action unless you are willing to go through with it. Otherwise, if the violator want's to see if your bluffing and you are, you will lose all credibility in the future.

You will need to read your CC&Rs but typically they allow homeowners to file for injunction relief of violators with the courts. If there is no Association, you will personally need to pay the court costs that may or may not be paid by the losing party. If your considering legal action, seek the advice of a local attorney and start putting all communication in writing so there is a paper trail.

If you have no Association is anyone collecting assessments or paying the bills?

One must form an Archetictual commitee before forms can be submitted to them.



You must send a copy of this to the neighbor immediately. Explain that he may want to reconsider the fence material because he may need to replace it in the future when CCR's are upheld. There is no grandfathering for breaking current bylaws.



Sounds like you need to get the developer to turn over the association. Since he is not paying the electric bill anymore, its likely he is not paying many other bills such as insurance.