Covenant Enforcement

At Halk, Oetinger, and Brown, we strongly believe that litigation over covenant enforcement is typically not advantageous for either the Association or the concerned member. Legal disputes can lead to unnecessary strain and expenses for all parties involved. Therefore, our firm employs a structured three-step process to address enforcement matters before resorting to lawsuits.

The first step involves sending a detailed letter outlining the relevant facts and applicable laws related to the issue. This initial communication aims to clarify the situation and establish a foundation for understanding. The second letter adopts a more direct approach, highlighting specific concerns and potential consequences if the matter is not resolved amicably.

The final step is a mediation offer, which provides a constructive avenue for conflict resolution. This mediation proposal is designed to benefit the Association by simplifying and expediting the process; if the Owner agrees to mediation, it can save time and costs for the Association. Conversely, should the Owner decline mediation, courts are generally more likely to award the Association its attorneys' fees and costs, acknowledging the Association's efforts to avert litigation.

After sending the final letter, our firm provides tailored guidance to the Board regarding the next steps, considering the unique circumstances of each case. The Board typically has four options: accept the Owner's response and engage in further negotiations, proceed with mediation, escalate the issue to litigation, or take no action and revisit the matter later. Each option carries distinct implications, and we are here to assist in navigating these decisions effectively.