Covenant Enforcement
Covenant Enforcement: We Know Where to Draw the Line
Covenant enforcement is one of the most difficult aspects of running a community association. As a board member or manager, you deal with both extremes: the community members who don’t believe in leniency, and the ones who think that even a friendly reminder encroaches on their freedom. HindmanSanchez has seen it all, and we know when and where to draw the line.
“But I’m a Neighbor too . . .”
We know there are times when your duties as a board member are difficult to carry out because you’re not just a representative of the association, you’re also a neighbor and friend to members of your community. You have a duty to reasonably enforce the covenants and rules, and you don’t want to risk liability to the board, committee members or to the association; but you don’t want to make enemies, either. It’s a difficult balance.
Taking Preventive Measures
Our approach at HindmanSanchez begins with the belief that many legal disputes can be avoided altogether. If your association is experiencing covenant or rule enforcement problems, we can work with the board of directors to explore the reasons and identify workable, practical, and lawful solutions.
We offer a number of services aimed at helping your association prevent costly legal disputes. Those services include:
All of our attorneys have had training in mediation and can assist you with alternative dispute resolution methods to solve disputes peacefully without the need to take a homeowner to court.
Getting Compliance Results
The attorneys at HindmanSanchez can assist you with covenant and rule enforcement matters from start to finish.
Benefiting from Our Experience
Our team of experienced litigators has a proven track record in court and has tried hundreds of covenant and rule enforcement cases. We know the law and the most persuasive arguments to use in court. When your association is faced with covenant or rule enforcement problems, call us to have an attorney attend a board meeting and discuss your options. Whether you want to take the proper preventive measures before enforcement becomes a problem, or if your association is already experiencing on-going problems with your covenants and rules, we have the experience and know-how to help.
With “Strength in Association®” from HindmanSanchez, you let us worry about where and how to draw the line on covenant enforcement.
Covenant enforcement is one of the most difficult aspects of running a community association. As a board member or manager, you deal with both extremes: the community members who don’t believe in leniency, and the ones who think that even a friendly reminder encroaches on their freedom. HindmanSanchez has seen it all, and we know when and where to draw the line.
“But I’m a Neighbor too . . .”
We know there are times when your duties as a board member are difficult to carry out because you’re not just a representative of the association, you’re also a neighbor and friend to members of your community. You have a duty to reasonably enforce the covenants and rules, and you don’t want to risk liability to the board, committee members or to the association; but you don’t want to make enemies, either. It’s a difficult balance.
Taking Preventive Measures
Our approach at HindmanSanchez begins with the belief that many legal disputes can be avoided altogether. If your association is experiencing covenant or rule enforcement problems, we can work with the board of directors to explore the reasons and identify workable, practical, and lawful solutions.
We offer a number of services aimed at helping your association prevent costly legal disputes. Those services include:
- Reviewing your documents to ensure that your covenants, rules and architectural guidelines and forms are clearly stated, legally enforceable, and consistent with legal and practical standards.
- Helping you draft architectural guidelines, procedures, and forms so that your association has the necessary documentation to enforce the covenants and rules.
- Providing you with practical and proven tools and recommendations to encourage voluntary compliance with your association’s documents and procedures.
All of our attorneys have had training in mediation and can assist you with alternative dispute resolution methods to solve disputes peacefully without the need to take a homeowner to court.
Getting Compliance Results
The attorneys at HindmanSanchez can assist you with covenant and rule enforcement matters from start to finish.
- We will send a polite-but-firm demand letter to the violating homeowner, explaining the violation and the steps necessary to correct the matter. Often, this is all that is required to solve the problem.
- Our attorneys have been trained in mediation and other forms of Alternative Dispute Resolution (ADR). ADR methods can be faster and less expensive than litigation, and we will explore this alternative before recommending a court trial.
- If a demand letter or mediation doesn’t achieve compliance, our team of experienced litigators will advise your board about when it’s time to go to court, and what strategy is best to achieve the results you need.
- In addition to these services, we also offer training for board members to help you achieve the balance between too much and not enough covenant enforcement. We conduct free workshops and seminars for board members and association managers. Upon your request, we’ll also attend a board meeting to advise the board on methods for handling challenging issues or diffusing difficult situations.
Benefiting from Our Experience
Our team of experienced litigators has a proven track record in court and has tried hundreds of covenant and rule enforcement cases. We know the law and the most persuasive arguments to use in court. When your association is faced with covenant or rule enforcement problems, call us to have an attorney attend a board meeting and discuss your options. Whether you want to take the proper preventive measures before enforcement becomes a problem, or if your association is already experiencing on-going problems with your covenants and rules, we have the experience and know-how to help.
With “Strength in Association®” from HindmanSanchez, you let us worry about where and how to draw the line on covenant enforcement.
