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Enforcing CC&R's without an active HOA

Bend, OR |

I have a neighbor who has parked a large 5th wheel RV on the adjacent lot in a very undesirable location. It has essentially become my living room view. The neighborhood has CC&R's which state the property may not be used for the storage of trailers, campers, boats, etc on a permanent basis.

The neighbor has refused my polite request to relocate this RV to a more obscure location on his lot. What options do I have without an active HOA?

If I sue, can I recover my costs and is it likely that it could be enforceable?

Thanks

Attorney Answers 1

Posted

Depending on the exact wording of your CC&Rs and your state law, you should be able to enforce the prohibition in court. However, given the cost and the disharmony such a lawsuit might engender, I would suggest contacting your other neighbors and seeing whether peer group pressure might not solve your problem. Also, see if your local jurisdiction has any ordinances that might prohibit parking the RV on the lot. If not, in the absence of an association, filing suit may be your only remedy.

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