Treasure Coast Lawyers Help HOAs and COAs Enforce Covenants

Florida Law Firm Focuses on Legal Issues Concerning HOAs and COAs

HOAs and COAs have a fiduciary duty to enforce the use restrictions (covenants) for their communities, and owners have a legal obligation to comply with these use restrictions and rules. While it is always best to obtain voluntary compliance with use restrictions and rules, violations may occur and when they do, consultation with a Treasure Coast attorney familiar with HOA and COA compliance enforcement may be in order.

All boards should be aware of certain concepts when dealing with enforcement issues, including:

• Boards must enforce use restrictions and rules, but also have the authority to examine the circumstances behind certain violations and exercise reasonable business judgment on a case-by-case basis.
• Board members are generally also homeowners, meaning that they have a legal obligation not only enforce the rules of their association but also to comply with them, not giving preferential treatment to neighbors, family, and friends.
• Boards must typically give an individual notice of an alleged violation, and an opportunity for hearing to determine whether the violation occurred before they have the authority to levy a fine.
• Boards should review use restrictions and rules on a regular basis to determine whether they still make sense and fit the priorities of the community as it has grown and evolved.

Use restrictions in declarations and rules can be changed, but it is always best practice to seek advice from experienced legal counsel regarding making amendments and reviewing the changes for enforceability.

Contact an Experienced Treasure Coast Attorney Today

HOAs and COAs should have the guidance of experienced counsel familiar with compliance enforcement. Treasure Coast Legal will help clarify and provide an efficient resolution to any compliance enforcement issue your HOA or COA may be facing. Contact us online or call (772) 621-2898 to schedule your initial case evaluation today.