[quote=svelte]We actually considered buying in a development like this – CC&Rs but no HOA. It even had an arch review board.
So before we purchased, I contacted the board and asked a hypothetical question: what would happen if someone built without arch review board permission?
The question was met with a deafening silence.
I took that to mean that, since the review board is staffed with volunteers and there are ZERO funds since there is not an HOA with monthly dues, there is nothing they could do.
An individual homeowner could likely sue the violator, but that homeowner would have to bear all costs associated with the lawsuit.[/quote]
While I threw out the question without much detail, curious to see what people would say, I think this is the situation. The only provision in the CC&R that allows the Architectural Jury to do anything is to record a document with the City Recorder stating that the owners are in violation of the CC&R by building without Jury approval. From what I can make of the wording of this section, (Good grief why do lawyers have to write in this style!) the only thing accomplished by this recorded document is it gives someone some ammo if they want to sue the offending homeowner.
In the end I think the case basically comes down to the homeowner saying, “hey I want to do this, I’ve got money, and if you want to litigate I’ll bury you in costs.” Since it’s unlikely the community will pony up the cash to fight this, my hunch is it’s a done deal.
The interesting thing is that for 50 some years no one has ever done this. They moved in knowing the rules and they worked with the Architectural Jury to find a solution. Now, this is all going to get thrown out the window. While I don’t really care too much about these things, it does seem to me as well… how do I put this…. uncivilized? What happened to old fashioned decorum? Does one really just tell your neighbors, “oh piss off.” I guess so.
