COVENANT ENFORCEMENT

Directors are put in the difficult position of being obligated to enforce their community’s restrictive covenants against their neighbors. However, the purpose behind enforcement is the preservation of property values within the community. The process for enforcement of association covenants depends on the type of association. If your community is a condominium or cooperative, you may be going to arbitration with the Division of Florida Condominiums, Timeshares and Mobile Homes. If your community is a homeowners association, you will be going to pre-suit mediation and then litigation if it is not resolved.

Our team at the Whynot Law Firm has taken condominium and cooperative covenant matters from initial pre-arbitration demand through full arbitration with Division. Our team has also litigated the enforcement of homeowners association covenants from pre-suit demand and mediation, through a full trial in the Florida Circuit Courts. Of course, while you want your attorney to have that experience, litigation, and trial on a covenant enforcement matter is not the goal for the voluntary board of directors. From the outset, the board should establish clear policies and procedures for enforcement so as to ensure compliance short of litigation.

The establishment of uniform policy and procedures for enforcement is pivotal to giving the association the best chance of success in the courts, if necessary. You can be confident that the Firm has the experience and knowledge to provide the Association with the support it needs to develop the best covenant enforcement policies and provide strong advocacy if the Association must draw the proverbial line in the sand and proceed to litigation on a matter.