What Association Boards Should Know About Covenant Enforcement You cannot select some instances to enforce a covenant, and other instances to ignore that covenant. Selective enforcement. Basically, an HOA must enforce its rules and covenants with fairness and consistency.You can always ask your HOA attorney if you are unsure about where that line is. Your HOA cannot try to enforce any covenant that is at odds with local, state, or federal laws. Infringement of rights. Additionally, an HOA may not seek to enforce any covenants that infringe on a homeowner’s legal rights, such as right to free speech and expression.Again, the HOA’s scope of power is defined in the governing documents. If a covenant is beyond the HOA’s scope of power, then it is not going to be enforceable. Scope. The HOA has a certain sphere of power and authority.Failure to do so may render a covenant unenforceable. Enactment procedure. The HOA Board has to follow the proper processes to enforce and enact the covenants, as outlined in the CC&Rs themselves.There are several factors to keep in mind here: With that said, some covenants may be impossible to enforce. Generally speaking, if a covenant is reasonable, procedurally correct, and compliant with local and state laws, then it can be enforced by actions of the Board of Directors, or even by legal action. One of the most common questions we hear from HOA Board members: How do we know when a covenant is enforceable? That’s a critical question, and in some situations the line may be blurry. Generally, these types of covenants can be enforced by the Board of Directors, sometimes via legal action. Restrictions on various types of nuisances, such as noise, odors, etc.Rules and restrictions related to pet ownership.The exterior appearance of the property or lot.Some of the most common types of restrictions are those that pertain to the following categories: Restrictive covenants usually aim to preserve property values by imposing limitations related to home maintenance, architectural decisions, and the like. Basically, these are just what the name suggests: Covenants that impose some type of restriction on the property owner. In particular, HOA Board members should be attentive to a type of covenant known as the restrictive covenant. Generally speaking, the provisions outlined in the HOA covenants are legal and enforceable. Basically, when we talk about covenants, we’re talking about the provisions laid out in the CC&Rs. The HOA has governing documents that outline the rules and expectations for everyone in the community, as well as the duties and powers of the HOA Board.Īmong these governing documents you’ll have something called the Declaration of Covenants, Conditions, and Restrictions, also known as CC&Rs. ![]() Each HOA is governed by a group of people, specifically the Board. What is an HOA Covenant?īefore proceeding, it may be helpful to define what we’re talking about when we refer to HOA covenants.īasically, an HOA is a private organization that oversees and manages the community within a planned development. Our company has decades of experience providing HOA management in Huntersville NC, Charlotte NC, Myrtle Beach SC, and HOA Management in Fort Mill SC. And, we’ll highlight some of the enforcement actions that HOA Boards have at their disposal.įor HOA Board in the Carolinas, feel free to reach out to Kuester Management Group. We’ll outline the problems with selective enforcement. In this post, we’ll highlight the nature of covenant enforcement and covenant violation. It falls to the Board of Directors to fairly and consistently enforce the covenants, but this is by no means an easy feat. When everyone follows the covenants, it ensures that the HOA runs smoothly, and that there is a spirit of neighborliness throughout the community.īut what happens when one or more homeowners begin to violate the covenants? This is an unfortunate scenario that pretty much every HOA or condo association must deal with sooner or later. Collectively, these stipulations are known as the HOA’s covenants. Frequently Asked Questions About Covenant EnforcementĮvery homeowners association (or HOA) is governed by a set of rules, restrictions, and legally-binding agreements.What Association Boards Should Know About Covenant Enforcement.
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