CAUGHT IN THE ACT: ENFORCING PROTECTIVE COVENANTS WHILE THE VIOLATION OCCURS _ Atlanta HOA and Condo Association Reviews


One of the greatest challenges for a community association board of directors is enforcing the community’s protective covenants. Protective covenants are a wonderful tool for communities that wish to maintain an established quality and character. To help maintain this quality and character, an association’s declaration of protective covenants typically contains a provision requiring property owners to seek and obtain approval from the association’s board of directors or architectural control committee before making any exterior changes to the property. In the event that a property owner makes exterior changes to the property without first seeking and obtaining approval, the protective covenants usually include a number of enforcement tools such as fining, self help and the right to seek a court injunction.
Unfortunately, at some point most associations are faced with a situation where fining and/or self-help just can’t do the trick because the violation is still in progress when discovered. For example, imagine coming home from a long and draining business trip. The only thing on your mind is getting home and relaxing on the front porch and enjoying the familiar sights of your community. As you pull in your driveway you almost collide with the light post when you notice the largest, most horrific structure you have ever seen in your life. As you get out of the car you realize that this monstrosity is a partially-constructed, three-car sheet metal garage located at the edge of the property line and directly facing your porch. You soon learn that the owner failed to submit a property modification request and did not obtain approval before beginning the construction of this garage. You immediately call the president of the board who assures you that a violation letter will be sent demanding that these owners immediately cease and desist all construction and informing them of the violation and imposing a $25 per day fine –of course, the owners will, per the declaration, have 10 days to appeal before the fine actually becomes effective. Click the Link to Read More from Riverside’s Blog…

From: http://ping.fm/wNfeC

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