Are HOA covenants enforceable? In a word, yes.

 

Every homeowners association is different. There are individual rules about use of property, fees to be paid and the consequences for non-payment or violation. HOA boards are made up of volunteers and when covenant violations surface, there seems to be a question regarding how enforceable the rules might be. In addition, boards question the likelihood of success and collection.

 

The first thing to remember is that covenants are legal documents made for a group of residents (the association). The rules in these documents become binding when a resident moves in and dues are paid. The obligations created are essentially contracts and are as legally enforceable as any other contract would be. State laws govern the specific enforcement of all covenants and how the association should attempt to address and resolve any conflict in place.

 

The next thing to remember is that since covenants are enforceable they can be address in many different ways. The homeowner violating the agreement is essentially in breach of contract. Depending on the state law, arbitration, or a lawsuit are paths to be considered.

 

Yes, covenants are enforceable. As your board faces instances of violation, gain clear understanding of the violation itself and seek counsel with the experience to help you take appropriate steps.

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