CCR Deciphering

Under General Provisions of our CCR, is this section, can someone explain in layman's terms what it means? It's a separate section and is not related to any other, and am wondering if it means that no one in the HOA can receive damages if the CCR's are breached.

Remedies
"Damages may not be deemed adequate compensation for any breach or violation of any provision hereof, so that any person or entity entitled to enforce any provision hereof shall be entitled to relief by way of injunction as well as any ohter avaialable relief at law or in equity."

Thanks,
JFK
Board President

Jo,

From a laypersons view, I read what you cited as a cover your behind statement. Damages are typically recovered by financial compensation. An argument could be made that fines for a violation were compensation for any damage caused by the violation and the issue is resolved. However, that simply doesn't always work.

Example: I build a shed without permission. The Association fines me $100 for having the shed. I pay the money and then claim that the association has been compensated for any damage caused by the shed, therefore, I should be able to keep the shed. However, in reality, the Association wants the shed removed.

Using the above example, that section simply states that in addition to any fines, the Association has the authority to also seek a court order or mediation to force the removal of the shed.

Again, from a laypersons point of view, If I were to use normal words in place of the legalize the passage may read:

Fines [Damages] may not be deemed enough to resolve the issue [adequate compensation] for any violation of the governing documents or rules and regulations [breach or violation of any provision hereof], so that any member [person] or the Association [entity] authorized [entitled] to enforce the governing documents or rules and regulations [any provision hereof] may also seek a court order to correct the violation [shall be entitled to relief by way of injunction] as well as any ohter avaialable relief at law or in equity.

Again, I am not an attorney and I do not work in the legal profession. This is simply my take on what you provided. If you want to be 100% sure of what it says, seek a legal opinion from your Association attorney.

Hope it helps,

Tim

Oh, here is a thread about how to read a statute/law. Legalize is legalize regardless of what document it is in. Therefore, the information may be helpful in understanding how to read your governing documents.

Here is the link:

Subject: How to read a statute (law)

Additionally, just doing an internet search on "how to read a statute" gives a wealth of information.

This whole statement is nonsense. Damages and injunctions are awarded by courts under their rules and existing laws. The HOA has no power to authorize, limit, or amend what the courts may do. If one really stretches the wording it could be interpreted as to mean that members may seek enforcement of the covenants through civil action. That, of course, begs the question, "Why didn't they just say what they meant?"

BTW, one can seek injunctive relief without actually suffering any monetary damages. At a minimum, the plaintiff would have to prove that the defendant has done, or is going to do, something that violates either a law or the terms of a contract.