NathanB4 (Indiana)
Posts: 1
Posts: 1
Posted:
How can you legally enforce a protective covenant w/o an active HOA? We have protective covenants in our subdivision but no active HOA. Please Advise.
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Enforcing Protective Covenants w/o HOA
Started by NathanB4 • 3 replies • 1371 views
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MatthewW4 (Arizona)
Posts: 500
Posts: 500
Posted:
Nathan,
I have the same situation.
If someone has violated the covenants you get to take them to court to force them into compliance if they will not respond to other requests. Of course, you will have to pony up some money up front to pay for your lawyer and initial costs. If you prevail, you may or may not be able to recover your costs, depending on state law and the court's discretion.
So far I have not seen any violations of my covenants that I intend to try to enforce.
I have the same situation.
If someone has violated the covenants you get to take them to court to force them into compliance if they will not respond to other requests. Of course, you will have to pony up some money up front to pay for your lawyer and initial costs. If you prevail, you may or may not be able to recover your costs, depending on state law and the court's discretion.
So far I have not seen any violations of my covenants that I intend to try to enforce.
CarolR11 (Colorado)
Posts: 2,563
Posts: 2,563
Posted:
By "no active HOA," Nathan, do you mean that, or do you mean no active Board?
MatthewW4 (Arizona)
Posts: 500
Posts: 500
Posted:
Hmm! Never thought of the question that way. My subdivision has CC&R's but no provision for an HOA. That would not be the same as having an HOA that is not active.
The remedy, however, is still the same. The complaining homeowner can take the offender to court. Or he can decide it is not worth the cost of the fight. An active HOA might come to the same conclusion, leaving the complaining party in the same position he now is in.
The remedy, however, is still the same. The complaining homeowner can take the offender to court. Or he can decide it is not worth the cost of the fight. An active HOA might come to the same conclusion, leaving the complaining party in the same position he now is in.
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