Brown|Olcott provides pre-litigation and non-litigation enforcement services including enforcement letters, advice for boards of directors, and assistance in conciliation efforts.
PB&J believes that litigation concerning covenant enforcement is, in most cases, not beneficial to either the Association or the complaining member. With that in mind, our firm handles enforcement matters with a three (sometimes four) letter process prior to filing a lawsuit. For Associations on retainer with the firm (see General Corporate Governance) the first letter costs $100 in most cases and the next two are less. The final letter offers mediation. The purpose of the final letter is to provide the court with evidence that the Association sought to avoid filing a lawsuit. This mediation offer is a win-win for the Association. If the Owner accepts mediation this is much less expensive for the Association. If the Owner refuses mediation then the court is more likely to award the Association its attorneys fees and costs since the Association attempted to avoid litigation.
After the final letter PB&J meets with the Board to help decide the best course of action. The Board typically has three choices: 1) file an injunction to obtain an order directing the Owner to correct the violation; 2) file a lawsuit for the amount of the fines and try and get the owner to comply that way or; 3) find that the cost of the enforcement considering the magnitude of the violation is not in the best interest of the Association.