sub-division) it is likely that a homeowner’s association exists. If the property is located in a condominium complex or planned community (i.e. How the covenant is enforced depends on the type of community the property is located in. Regardless of whether the covenant is affirmative or restrictive, disputes regarding the enforcement of such covenants have been a hot-button issue for more than half a century and is often litigated through the court systems. The property may also have an affirmative covenant on it, requiring the owner, and all subsequent owners, to pay association fees that go to the maintenance of common areas, even if the owner of the land does use that area. For instance, the property may have a restrictive covenant that binds the owner, and all of the subsequent owners, from operating a business on the property. In almost all cases, the agreement is binding to anyone the original buyer grants, leases, bequests, etc. There are many reasons why this commonly occurs but first, it is important to understand what exactly a covenant is.Ī property covenant is when a real estate purchaser agrees to either do something (affirmative covenants) or the buyer agrees not to do something (restrictive covenant). Remarkably, there are many homeowners that either failed to read covenants at the time the real estate was purchased, or read them and have since forgotten about the content. Display of these articles does in no way endorse the products or services of Community Association Management by the author(s).One of the major factors that can substantially affect the use and value of real estate is the existence of covenants. Some articles are provided by thrid parties and online services. You are advised to contact an attorney specializing in Association Management for legal advice related to your specific issue and community. * These articles and related content on this website are provided without warranty of any kind and in no way consitute or provide legal advice. “Ask The Experts” Articles have been Reprinted with permission from the Charlotte Observer Litigation can be very costly and time-consuming for both sides, and I recommend it only as a last resort.Ĭharlotte attorney Michael Hunter focuses on community and condominium association law for the firm of Horack Talley You can ask the court to remove the offending board members from office, or seek an injunction (a court order) requiring them to adhere to the governing documents and begin enforcing their provisions. If, however, you do not believe you can get enough votes to recall any of the directors, your other option is to hire an attorney and file a lawsuit against the HOA and the board members for breach of fiduciary duty. You can follow the provisions in your bylaws for calling a special meeting of the members to remove some or all of the directors from office. If the board still refuses to take enforcement measures, you have two options. For each claimed violation, have a copy of the applicable provision from the CCRs, bylaws, or rules and regulations.

I suggest that you start by gathering your like-minded neighbors and request a meeting with the board to air your grievances.ĭo your homework, and go prepared with a list of specific examples of violations that have been overlooked or ignored. The HOA’s board has a legal duty to enforce the provisions of the governing documents.īy law, HOA boards must provide homeowners with an opportunity to appear before the board “at regular intervals” to speak about their issues and concerns. Meanwhile, our property values continue to decrease and we are being blacklisted by the real estate community because of this.Ī: An HOA really only has two functions: to maintain common areas, and to preserve property values by enforcing the CCRs and the rules and regulations. The management company allows them to do this and does not advise them otherwise.

Some board members are in violation of them and are now changing them without the 67-percent vote of the homeowners as mandated in our governing documents. But over the last few years, our board has refused to enforce the provisions. In the past, these have all been followed and enforced. We have bylaws and CCRs (covenants, conditions, and restrictions) as governing documents. Q: I live in a townhome and condo community with a board of directors and a management company.

Injunction breaking hoa covenants