Community associations exist by virtue of deed restrictions, which define the community as well as the rights and obligations of its owners. These deed restrictions, also called declarations or covenants, as well as an association’s bylaws, regulations, and rules, outline a standard of community living and serve to protect property values and investments.
Violations of these restrictions and rules impact the entire community. Our attorneys are skilled at navigating the delicate enforcement process, which preserves an association's ability to enforce its restrictions and affords owners an opportunity to cure any violations. This process includes the following:
- Advising associations on their rulemaking authority and ensuring their rules comply with the recorded restrictions and applicable law
- Establishing a required in-house hearing process to enable an association to impose enforcement assessments or “fines”
- Recommending appropriate amendments to recorded restrictions to provide associations with additional rule enforcement options and flexibility
- Providing legal representation to an association when an owner decides to hire a lawyer
- Drafting and sending rule enforcement letters to association owners requiring compliance by stated deadlines
- In appropriate cases, drafting and initiating litigation to obtain injunctions and other court orders requiring compliance with restrictions and rules
Enforcing deed restrictions and rules is one of the most difficult tasks an association is called upon to perform, but our experience has shown that a proper enforcement process strengthens the community and provides its owners with the protections they expect and deserve as members of an association.