Covenants Enforcement
All community associations have restrictive (or, as we prefer to call them, protective) covenants. These covenants dictate what the owners can and cannot do with their property as well as the common areas maintained by the association. Enforcement of HOA covenants can be tricky – and, in some cases, can result in legal action.
Why is Enforcement of HOA Covenants So Difficult?
Why is Enforcement of HOA Covenants So Difficult?
Homeowners will often protest that covenants are unclear or unenforceable. Others will claim they never received the covenants. In addition, the number and scope of such covenants can vary greatly from one community to another. Federal and state laws also directly impact the interpretation and applicability of covenants.
In all cases, it is important to consult legal counsel as you enforce covenants.
How We Can Help
Eads Murray & Pugh assists boards with HOA covenants enforcement in several ways. We can:
Interpret covenants in the light of statutory and case law to determine covenant violations.
Advise board members and the community’s property managers on how they should address covenant violations, including procedural steps.
Advise on responding to an owner who claims, “I never received any covenants” or “You can’t tell me what to do with my home”.
Advise the board on the HOA’s enforcement alternatives.
Send covenant violation letters.
If efforts to gain an owner’s voluntary compliance have failed, to litigate against covenant violators to seek injunctions and other remedies.