Enforcing Restrictions

Enforcing Restrictions Building

Covenants were created to make communities attractive places to reside. Clean and well-maintained communities are more desirable to buyers and can have a positive impact on property values. One of an HOA board’s primary duties is to preserve, protect, and enhance property values. Enforcing legally binding HOA covenants is paramount to fulfilling that duty. The Arizona HOA attorneys at Maxwell & Morgan, P.C. can help.

Dedicated Assistance for CC&Rs HOA Law

We understand that enforcing covenants, conditions, and restrictions (CC&Rs) against your neighbors is one of the most uncomfortable and challenging aspects of being on an HOA board. Our team of experienced community association attorneys has acquired a wealth of knowledge over many years of practice in the HOA field. This helps each of our attorneys identify effective enforcement strategies. Our attorneys are uniquely qualified to assist with HOA law throughout Arizona with their unique and often complex legal needs, with many of our veteran lawyers having contributed directly to this legal field in impactful ways.

We can work with your property management company and your HOA board to evaluate the best enforcement strategy for your particular community. This includes reviewing, updating and drafting effective enforcement and fine policies as well as assistance with notice and hearing procedures. This helps to ensure fair, consistent treatment of residents. Additionally, updating rules and other governing HOA documents can make them easier to understand and enforce.

What Are CC&Rs?

CC&Rs is the name of the legally binding document that your HOA records and files with the state of Arizona. Commonly covered issues include the following:

  • Maintenance obligations for homeowners and the HOA
  • Insurance requirements
  • Lender protection information
  • Restrictions on property use
  • Rule enforcement and dispute resolution information
  • Assessment requirements

The HOA board must vote to change this document. Since CC&Rs is filed with the state, it can be difficult to make changes in any case.

Is a Restrictive Covenant Enforceable?

We also assist with reinitiating enforcement of covenants in situations where a community has been lax with enforcement overall or with regard to a particular issue. A homeowner may believe that a specific covenant is unfair and should not be enforceable, but that is not the case; a covenant is a covenant, no matter how restrictive it may seem to the homeowner. Obtaining voluntary compliance is always the goal, but in situations where that does not occur, our experienced litigators stand ready to assist by sending demand letters and initiating litigation to obtain court orders to compel compliance.

Obtain Legal Assistance From Maxwell & Morgan, P.C.

If you want a legal team on your side that will keep you informed throughout your case, use technologically advanced tools and HOA resources, and treat you like the firm’s only client, Maxwell & Morgan, P.C. may be the law firm for you. We have three offices in Phoenix, Arizona; Tucson, Arizona; and Salt Lake City, Utah, to serve you. Call us at (480) 833-1001 or visit our website to get started. We look forward to learning about your HOA’s restriction enforcement legal needs.