Legal Question in Real Estate Law in Arizona

Violation of CC&R

I own vacant land in AZ. The CC&R's clearly state no unsightly weeds (these are large weeds, 5 feet tall). I would like to remove from my property and force neighbors to do so as well. If they refuse, can I remove them at their expense (as stated in the CC&R). If they don't pay, and I get a court order, and they still dont pay, can I get a judgement which would be title to their property?


Asked on 3/01/07, 4:22 pm

1 Answer from Attorneys
Gloria Meyer Meyer Law Office

Re: Violation of CC&R

Your home owners association would have authority to enforce the CC&R's on behalf of you and the other property owners. You cannot take any action to enforce the CC&R's as a individual. You should bring this matter to the attention of the Board of Directors for your HOA, and ask them to enforce. If they refuse to enforce the CC&R's you can file a lawsuit against the HOA for failure to enforce.

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Answered on 3/01/07, 6:03 pm


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