Article VII, General Provisions; Section 1, Enforcement in the Declaration of Covenants, Conditions, and Restrictions (CC&R) for the Plat of Harbor Ridge addresses the responsibility of CC&R enforcement for our neighborhood. It states:

Any owner shall have the right to enforce, by any proceedings at law or in equity, all restrictions, conditions, covenants, reservations, and charges now or hereafter imposed by the provisions of this Declaration. Failure by an owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.

The Harbor Ridge Home Owners Association interprets this to mean it is homeowner’s responsibility to take the appropriate steps with a neighbor if they think there is a violation of the CC&R’s. Several years ago, the Home Owners Association made a policy for aggrieved homeowners to use when enforcing the CC&R’s. Below are the steps they need to follow prior to asking for CC&R enforcement assistance from the Harbor Ridge Home Owners Association Board.

  1. The homeowner with the dispute should approach the neighbor they think is in violation of the CC&R’s by having a nice, pleasant, discussion with the neighbor about the particular problem. During this discussion, the homeowner should identify which CC&R is being violated, and ask for compliance from the neighbor.
  2. If the request for compliance with the CC&R’s has not been resolved within a reasonable amount a time (3 to 4 weeks), the aggrieved homeowner should send a certified letter return receipt requested to the neighbor violating the CC&R’s, reemphasizing the request for action, state the CC&R violation, and explain the resolution requested. Also, please provide a copy of the letter to the Home Owner’s Association.
  3. If non-compliance with the CC&R’s remains open, the next step for the aggrieved homeowner would be to contact a Board Member. At this point, the Board/Board Member will contact the problem neighbor (following steps 1 and 2), and remind them of their agreement to comply with the CC&R’s when moving into Harbor Ridge.
  4. If there is no resolution after this, you as an aggrieved homeowner have three options available:
    1. not take any action against the violating home owner, and permit them to remain in non-compliance with the CC&R’s
    2. pursue legal action by taking the problem neighbor to court. You can take the issue to small claims court on your own, or engage legal counsel (The HomeOwners Association has some guidance should you elect to take a neighbor to small claims court).
    3. As you pursue legal action, you may also choose to explain your case to the board, then ask for the HomeOwners Association’s assistance. The board will evaluate each case on an individual basis to determine appropriate actions for the Board.

We hope this policy will assist you in enforcing the CC&R’s.