Covenant enforcement is one of the most essential functions of a community association’s board of directors. When an owner violates the covenants, boards need to take action as quickly as possible to address the violation. This can often include contacting the violator and bringing the violation to his or her attention. Many owners might not be aware of specific covenants or that they are violating them. Once owners know of a violation, they will often voluntarily remedy the problem. There are also those times when boards need to pursue additional enforcement action. Levying monetary fines is an excellent enforcement tool if the governing documents allow for fines. Sometimes, however, taking the violator to court is the last remaining option when an owner simply refuses to come into compliance.
Lueder, Larkin & Hunter will assist your association with all legal aspects of the enforcement procedure
When enforcing the covenants, whether in a subdivision, condominium or townhouse community, the board needs to make its decisions in a procedurally fair and reasonable manner. The decisions themselves must also be made in good faith and not arbitrarily or capriciously. These are the standards that the Georgia courts have routinely applied to community associations. by consistently following your association’s procedures and promptly and uniformly enforcing your community’s covenants, you will enhance your position and be in a better position to refute owner defenses.
All communities are unique. The attorneys at Lueder, Larkin & Hunter can assist you in evaluating your enforcement procedures and techniques, can help you determine what enforcement tools are at your disposal, and ultimately, will assist your association with all legal aspects of the enforcement procedure – starting with the demand letter and leading you all the way through litigation.