Helping Community Associations With Covenant Enforcements
If your community is dealing with ongoing or reoccurring violations, our firm can help. Rabin Parker Gurley has successfully resolved hundreds of violation disputes on behalf of our association clients throughout the Tampa Bay region, including Pinellas, Hillsborough, Pasco, Hernando, Polk, Sumter, Manatee, and Sarasota County.
Duty to enforce: Boards have a legal duty to uphold and enforce the community’s governing documents, and the failure to take action to secure compliance may constitute a breach of that duty, thereby subjecting the association (and possibly the board) to potential liability.
Notice: Absent an emergency, associations must generally afford an owner sufficient opportunity to cure a violation before an association is permitted to commence legal action to secure compliance.
Arbitration/mediation: Enforcement disputes are generally subject to certain statutory requirements which must be satisfied before an association is permitted to file suit. The failure to satisfy a condition precedent may prevent your association from recovering legal fees from the opposing party; or, worse yet, may entitle the opposing party to a favorable fee award.
Fines: In order to impose fines against an owner, communities must follow strict statutory requirements. If the proper procedures are followed, fining can be an effective tool to obtain compliance – particularly in the case of homeowners’ associations, where fines over one-thousand dollars may become a lien on real property.
Enforcement Litigation: Our firm’s primary goal is to help our clients avoid costly litigation whenever possible. However, sometimes it takes more than fines to secure compliance. When all other options have been exhausted, our seasoned litigators are prepared to aggressively pursue compliance through judicial intervention.
Contact Our Office
If your community is having difficulty securing compliance, call our Clearwater office at 727-475-5535 to schedule a free consultation. You may also complete the online contact form found on our website.