Covenant Enforcement

Our firm is dedicated to helping your community preserve the integrity of your governing documents.
Schedule a Consultation

Let's get in touch






    Helping community associations with covenant enforcement

    Rabin Parker Gurley has successfully resolved countless violation disputes on behalf of our clients.
    Covenant Rule Enforcement Law Firm

    Legal Considerations

    Checkmark
    Duty to Enforce

    Boards have a legal duty to uphold and enforce the community’s governing documents, and the failure to take action to secure compliance may constitute a breach of that duty, thereby subjecting the association (and possibly the board) to potential liability.

    Checkmark
    Notice

    Absent an emergency, associations must generally afford an owner sufficient opportunity to cure a violation before the association is permitted to commence legal action to secure compliance.

    Checkmark
    Arbitration

    Enforcement disputes in a condominium or cooperative community may be subject to mandatory, non-binding arbitration before the association is permitted to file suit. The failure to satisfy this pre-suit requirement may jeopardize your case and, worse yet, may subject your community to an unfavorable fee award.

    Checkmark
    Mediation

    Mediation is often required as a condition precedent to filing suit in a covenant enforcement dispute involving a homeowners association. Mediation also presents an opportunity for the parties to resolve a dispute short of protracted litigation.

    Checkmark
    Fines / Suspensions

    In order to impose fines against an owner or to suspend an owner's use rights, communities must follow strict statutory requirements. If the proper procedures are followed, fines and the suspension of use rights can be an effective tools utilized to obtain compliance.

    Checkmark
    Enforcement Litigation

    Our firm’s primary goal is to help our clients avoid costly litigation whenever possible. However, sometimes it takes more than fines to secure compliance. When all other options have been exhausted, our seasoned litigators are prepared to aggressively pursue compliance through judicial intervention.

    Looking for advice?

    Schedule a complimentary meeting to discuss your community’s legal needs.