Covenant Enforcement

At Halk, Oetinger, and Brown, we believe 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 process before filing a lawsuit. The first letter recites the facts and law relevant to the issues, the second letter is more direct, and the third letter offers mediation. This mediation offer is a win-win for the Association. If the Owner accepts mediation, it is quicker and less expensive for the Association. If the Owner refuses mediation, then a court is more likely to award the Association its attorneys’ fees and costs because it attempted to avoid litigation.

After the final letter, our firm provides guidance to the Board on the next steps based on the facts of your individual case. The Board typically has four 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;
3) file an administrative action with the Department of Real Estate; or
4) find that the cost of the enforcement considering the magnitude of the violation is not in the best interest of the Association.