Covenant and Rule Enforcement
We subscribe to the proposition that while owners may consider their home their castle, there are certain limitations on what an owner can do within their castle when it is part of a community association. For better or worse, one of the hallmarks of community associations is the set of covenants and rules by which owners are required to abide. Because of our many years of experience in the enforcement of CC&Rs, we are able to provide boards of directors with sound and appropriate interpretation of the CC&Rs and rules and regulations, as well as advice regarding the possible outcomes and projected cost of enforcement options. Our experience also allows us to provide thorough legal opinions regarding the association's position on CC&R enforcement.
Our attorneys have counseled community association clients on a variety of enforcement matters, including:
- Common area encroachment
- Architectural violations
- Harassment of association service providers
- Pet and animal violations
- Inappropriate use of the common areas
- View restrictions
- Rental restrictions
- Guest policies
- Damage to the common areas
- Maintenance issues
- Hard surface flooring issues
Covenant Rule Enforcement Services include:
- Drafting enforceable rules, enforcement policies including monetary fine schedules
- Reviewing your governing documents and the facts to provide realistic advice on whether there is a violation, and how it may best be resolved
- Sending a demand letter to the homeowner in violation of your governing documents explaining the nature of the violation and the steps that may be taken to correct the matter
- Attendance at and counsel during violation hearings and internal dispute resolution meetings
- Preparing and serving on the owner a Request for Resolution that is a Civil Code mandated pre-requisite to a lawsuit. The Request for Resolution will offer mediation with an independent third-party, often a retired judge, and a fast and less expensive method of dispute resolution than a lawsuit
- Filing a lawsuit and, if appropriate, seeking a restraining order or other injunctive relief.
The above services are geared toward compliance and enforcement of your governing documents, with the goal of avoiding a costly lawsuit. However, sometimes there is no choice but to file a lawsuit especially if the problem is creating a nuisance or is an architectural violation that must be stopped immediately. If your association is faced with a covenant or rule enforcement issue, contact our office to either arrange a telephone conference call or a meeting for one of our attorneys to confer with your board of directors to discuss your options.