[WSBARP] Homeowner non-compliant with minimal CCRS - need complaint for injunctive relief for cleanup and access

[Patrick McDonald]

The association may want to first consider assessing fines for violations of the covenants. If the covenants don’t address the issue, what about adopting rules and regulations prohibiting the unwanted condition and a fine schedule that provides for ongoing fines until the condition is abated? Unpaid fines are an assessment for which the association would have a lien (provided it followed whatever procedures are required in the CCRs to establish/perfect the lien, if any). The covenants likely allow for a recovery of attorney fees and costs for foreclosing the lien whereas they might not for seeking injunctive relief.

Patrick McDonald
_________________________
Pody & McDonald, PLLC
1200 Fifth Avenue, Suite 1410
Seattle, WA 98101-3106
T: 206-467-1559
F: 206-467-4489

From: <wsbarp-bounces at lists.wsbarppt.com> on behalf of Rob Rowley <rob at rowleylegal.com>
Reply-To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Date: Thursday, January 12, 2017 at 11:46 AM
To: WSBA RPPT <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Homeowner non-compliant with minimal CCRS - need complaint for injunctive relief for cleanup and access

I need a template/draft complaint for injunctive relief by a homeowners association against one of its homeowners.  Older CC&Rs are not that helpful.  Homeowner has a history of allowing large amounts of trash, garbage and numerous vehicles to be located on the outside of his house which is in a very expensive waterfront neighborhood.

CCR&s allow for filing of a lien for monetary defaults.  Owner is not in default of money obligations.

Need something that allows for injunctive relief which would allow the homeowners association to physically enter the property to clean it up and either have a judgment or a lien.  Kind of like what happens with city code enforcement with a recalcitrant homeowner with lots of trash.

I represent numerous homeowners associations and typically advise to file the lien and wait till the homeowner eventually either sells or refinances to get paid. Never injunctive relief with poor CCRs.

Thoughts?

[cid:image001.jpg at 01D26CCE.4CBE04F0]Robert R. Rowley | Attorney at Law
7 S. Howard St, Suite 218
Spokane, WA  99201
Telephone: (509) 252-5074
Mobile: (509) 994-1143
Facsimile: (509) 928-3084
Email: rob at rowleylegal.com<mailto:rob at rowleylegal.com>
Web Site: www.rowleylegal.com<http://www.rowleylegal.com/>

Practice concentrated on business, real estate and general legal matters in Washington and Idaho.

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