Covenants, Conditions, & Restrictions Disputes

The Declaration of Covenants, Conditions & Restrictions (CC&R1) is an essential document for every Condo or Homeowners Association. Because of its vital role in the successful operation of such associations, a CC&R should always be carefully and skillfully drafted to meet the needs of all relevant parties.

However, members of these associations may disagree with or violate terms in even the most carefully drafted CC&R, which can lead to disputes between members and the association. Whether you need to create a quality CC&R or if you need to settle a dispute regarding a CC&R, the experienced CC&R real estate lawyers at the Dickson Frohlich Phillips Burgess can help you.

CALL OUR SEATTLE OFFICE AT (206) 621-1110 OR OUR TACOMA OFFICE AT (253) 572-1000 FOR A FREE 15-MINUTE PHONE CONSULTATION.

Drafting a CC&R

CC&Rs are legally binding private contracts and the provisions may vary widely from one association to the next. Generally, CC&Rs are meant to preserve the integrity of the neighborhood, keep property values high, and allow for the enjoyment of the community. Some common provisions included in a CC&R may include:

  • Requirements for home or condo maintenance
  • Limitations on use of the property
  • Parking rules
  • Pet regulations
  • Specific guideline for exterior displays, including landscaping, house color, or seasonal decorations

CC&R Dispute resolution

Associations have a lot of discretion when drafting CC&Rs and homeowners voluntarily agree to the provisions when they decide to purchase the property. However, terms of a CC&R may be amended and may cause conflict, and other homeowners may believe that certain CC&R terms unreasonably or unlawfully infringe on their rights.

For example, CC&Rs cannot violate discrimination laws2 or place an undue burden on a certain resident. When such situations occur, legal action may be necessary to successfully resolve the dispute.

Contact an attorney experienced in handling CC&R matters for assistance today

Whether you are a representative of a Condo or Homeowners Association or are a homeowner, if you need any type of assistance with a matter involving a CC&R, you always want to make sure that you have the help of an attorney who understands the nature of this important document and resulting disputes. At the Dickson Frohlich Phillips Burgess in Seattle and Tacoma, our attorneys have extensive experience in all types of real estate matters, including CC&Rs.

CALL OUR OFFICE TODAY AT (253) 572-1000 OR (206) 621-1110 TO DISCUSS YOUR CASE.

Sources:

Attorney Robert Dickson

Attorney Robert DicksonThe core of Rob’s legal practice is civil litigation, with an emphasis on construction, real estate, and business law. He represents a wide range of clients, from large construction companies to individual homeowners. His is a practical approach to law, which strives to balance the need for a successful legal outcome with a client’s financial goals (or constraints). Outside of his private practice, Rob serves as an adjunct professor at the Seattle University School of Law where he teaches real estate litigation. [ Attorney Bio ]

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