The association is aware of the construction but waits until the owner had expended significant sums of money before commencing with enforcement. Laches – This defense may be asserted when an association is aware of a violation, allows the violation to be committed and does not act in timely manner to enforce against it.Įxample: An owner begins constructing an addition to their house in violation of the declaration. Wages, the Georgia Supreme Court found a covenant prohibiting “noxious or offensive activity” and “anything which may be or may become an annoyance or nuisance” was too vague to be enforceable. Vague and Indefinite Covenants – This defense may be asserted if the language of the covenant or prohibition is so vague its unenforceable.Įxample: In the case of Douglas vs. Watch this short video for more information on statute of limitations in covenant enforcement cases. Creating and following a covenant enforcement policy can help associations circumvent the common defenses to covenant enforcement. This not only helps to ensure the procedural requirements of the governing legal documents are met, but it also helps provide an objective and uniform basis for enforcement, so all violators are treated fairly and equitably. Failure to follow the procedures can invalidate any enforcement actions taken by the association.Ĭreate an Enforcement Policy – Enforcement policies provide a guideline for the specific enforcement procedures the association will take in the event of a violation. Also, community association governing legal documents commonly have specific procedural requirements, which must be followed in enforcement actions, such as notice of a right to request a hearing with the board prior to the imposition of fines. An association generally cannot exercise an enforcement power, such as fining or suspension of amenities, unless the governing documents allow. Violations addressed quickly are often easier to resolve.Įnforce in Accordance with Your Documents – The governing legal documents for most communities will specify the enforcement powers of the association.

Failure to act promptly may result in a valid defense to the enforcement of the violation.

All directors should be familiar with these documents and the enforcement powers and procedures specified in these documents.Īct Promptly – Once a violation is detected or brought to the attention of the board of directors, address it promptly. The governing legal documents will include the recorded declaration, the association bylaws, and all published design standards, rules and regulations. Know Your Documents – Effective enforcement of the covenants requires knowing the governing legal documents for the community.

Hoa covenant