Enforcing Covenants For Your Homeowner’s Association (HOA)
Many people choose to belong to a planned community because of the standards and lifestyle envisioned for the property. When one homeowner refuses to obey the property’s restrictive covenants, it can affect everyone in the community. The HOA or condo association (COA) board often has the unenviable task of enforcement, but what can you do if your phone calls and letters don’t work?
We can help. From our office in Kent, Hanis Irvine Prothero, PLLC, represents over 200 HOAs throughout Washington for consulting and advice, assessment collection matters and covenant enforcement. Together, attorneys Gregory F. Cromwell and Erik R. Olsen have decades of experience in this area and can advise you on the best way to resolve your enforcement issue.
Finding Resolutions That Work
HOAs and COAs have a duty to enforce the restrictions that all homeowners have agreed to. Failure to enforce covenant rules may lead to liability for lawsuits from other homeowners in the community as well as a relinquishment of enforcement rights. Our attorneys can help you develop a timely and appropriate response to the enforcement issue you face.
In some cases, simply hearing from an attorney is enough to spur compliance. When we let the homeowner know that you take the matter seriously, they relent. In other cases, however, we may need to use a stronger approach. We will review your HOA’s governing documents to review what types of actions are allowed under your covenants, but may include:
- Levying fines
- Suspending privileges
- Placing a lien on their property
The best HOA enforcement is consistent and uniform across the community. Bringing in a third party to assist with enforcement lessens the chances of conflict for board members with their friends and neighbors.
Schedule A Free Consultation
When your enforcement methods meet a dead end, our attorneys will help you find new solutions. Call today to schedule a free initial consultation at 253-520-5000 or toll-free at 877-391-5319. You may also reach out to us online.