Do Associations Have an Obligation to Enforce Rules/Covenants

Written by: on Friday, April, 26th, 2013

In an interesting blog written by David Swedelson, an experienced community association attorney in California, he discusses a recent New York Times article which said that neighborhood nuisances, like overgrown yards or a persistent odor, could bring down the value of adjacent homes by 5-10%.  One of the primary purposes for most association and restrictive covenants is to “preserve, protect and enhance property values.”  Therefore, it is the duty of the board to consider all alleged violations of rules and covenants and to take appropriate action to correct the violations. That action can range from friendly reminders, to fines to legal action and other remedies as discussed in this article.  And, as we saw in David Firmin’s post on failing to seek FHA certification, we could also see a case for failing to protect property values by failing to take action to enforce the recorded covenants.

Loura K. Sanchez