QUESTION

Does the board of directors of an HOA have the right and/or ability to denounce responsibilities like enforcing the convenants?

Asked on Aug 09th, 2012 on Real Estate - Oklahoma
More details to this question:
My husband and I and one of our neighbors sent letters to our HOA president specifying some covenants that were being broken such as trash cans not being hidden, lawns not being maintained, and satellite dishes being placed in a conspicuous place. Yesterday we received a letter (presumably to the entire addition) stating that the board had voted and decided that they were not going to police the neighborhood and that if a homeowner had a problem with a neighbor then they needed to go talk to the neighbor. The letter also stated that all covenants regarding these complaints were going to now only be held to the standards of city codes and violations which are far more lenient than our covenants and by-laws and if the complaint can''t be dealt with neighbor to neighbor, then we are to call the city code enforcement hotline. The only covenants they are willing to enforce are the covenants regarding dues and collection of dues.
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1 ANSWER

Matrimonial and Family Law Attorney serving Erie, PA
2 Awards
The extent of the obligation of the Board of Directors to enforce covenants depends on the language in the Deed of Dedication.  Generally the authority is permissive, not mandatory,but varies from subdivision to subdivision.   However, as a lot owner in the subdivision you usually have an equal right to enforce the covenants.  The covenants that "burden" each lot owners use of the land are generally for the "benefit" of all the other lot owners.  While covenants are enforceable, they are generally not favored by the courts, and the enforceability of the covenants can be lost if not strictly enforced.  In other words, it IS a valid defense to an action to enforce the covenants that other people committed the same violation and were not sued.   Your best course of action may be to sue the offenders yourself and then run a strong campaign to elect new directors that will enforce the covenants.  Of course, lawsuits aren't cheap and if your homeowners association doesn't have the funds to conduct the battles, then the membership of the board won't make a difference.
Answered on Aug 16th, 2012 at 4:13 PM

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