Enforcing Restrictions

Covenants are created to make communities attractive and a desirable place to reside. Clean and well maintained communities are more desirable to buyers and can have a positive impact on property values. One of a community association board’s primary duties is to preserve, protect and enhance property values. Enforcing the covenants is paramount to fulfilling that duty. We understand that enforcing the covenants against your neighbors is one of the most uncomfortable and challenging aspects of being on a board. Our team of experienced community association attorneys has acquired the knowledge over the many years of practice to identify effective enforcement strategies. We work with managers and boards to evaluate the best enforcement strategy for their particular communities. This includes reviewing, updating and drafting effective enforcement and fine polices, and notice and hearing procedures, to ensure fair, uniform and consistent treatment of residents; and updating rules and other governing documents to make them easier to understand and enforce. 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.   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.