- SEATTLE: 206-621-1110
- TACOMA: 253-572-1000
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:
- 1. http://legal-dictionary.thefreedictionary.com/covenants,+conditions+and+restrictions
- 2. https://www.justice.gov/crt/fair-housing-act-2
Attorney Robert Dickson
The 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 ]
Thomas L. Dickson
Tom is an experienced litigator and the founding partner of the firm. For over 30 years, he’s helped clients prevail in their real estate, construction, and business law matters.
Heather Burgess
Heather represents property owners and developers in all phases of real estate development, from pre-acquisition due diligence through local permitting and appeals.
Robert P. Dickson
The 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.
Daniel J. Frohlich
Dan’s legal practice focuses on civil litigation, real estate law, business law and probate law. He has more than 10 years of experience as an attorney serving clients throughout Western Washington.
Mark S. Johnson
Mark’s legal practice focuses on civil litigation, real estate law, business law and family law. He works tirelessly to help his clients achieve the outcome they are looking for.
Trevor A. Zandell
Since graduating with honors from law school in 2005, Trevor has been serving the legal needs of businesses, individuals, and families across Southwest Washington.
Daniel E. Pizarro
As an associate at Dickson Frohlich Phillips Burgess, Daniel is active in the firm’s civil litigation department. His practice is mainly centered around real estate law, landlord-tenant law, construction law, and probate law.
Alexander J. Wisbey
Alexander Wisbey comes to the firm with 5 years of experience as a litigator and trial attorney. He has first chaired several jury trials and has extensive experience handling arbitrations, mediations, depositions, and settlements.
Andrew Hata
Andrew is the head of our Transactional Department and focuses his practice on corporate governance, real estate transactions, commercial contracts, and corporate finance.
Kelley Duggan
As an associate at Dickson Frohlich Phillips Burgess, Kelley practices in a wide range of areas, including estate planning, probate, civil litigation, and intellectual property law.
Cambria A. Queen
Cambria is an Associate with Dickson Frohlich Phillips Burgess in the civil litigation department, where she practices primarily real estate and probate law.
George Knight
As an associate at Dickson Frohlich Phillips Burgess, George is active in the firm’s civil litigation and transactional departments. His practice is mainly centered around business law, real estate law, construction law, employment law, and probate law.
Chris Pierce-Wright
Chris comes to Phillips Burgess Tacoma from Seattle, where he served as an associate attorney focused on insurance litigation with Wilson Smith Cochran Dickerson.
Jennifer Yoo
Jennifer is an associate attorney at Dickson Frohlich Phillips Burgess where her current practice focuses on real estate law, contract and commercial disputes, and business law.
Katherine E. Baals
As an associate at Dickson Frohlich Phillips Burgess, Katherine practices in a range of areas, including real estate, construction, business, and civil litigation.
Kenneth Chan
As an associate at Dickson Frohlich Phillips Burgess, PLLC, Kenny is active in the firm’s civil litigation and transactional departments. Prior to working at Dickson Frohlich Phillips Burgess, Kenny was an in-house attorney for a Fortune 100 company.
Brian Buske
Following his graduation from Lewis & Clark Law School, Brian garnered valuable client experience working on international compliance and intellectual property issues.
Kyla S. Bennett
As an associate at Dickson Frohlich Phillips Burgess, Kyla practices in a range of areas, including real estate, land use, and civil litigation.
