Although these decisions are difficult for boards, board leadership on these issues is important for your community. Your communitys covenants and restrictions ensure that a community upholds its value and ensures adherence to an established order. Enforcing restrictive covenants ensures that all homeowners are treated fairly, and that the property rights for all members is respected. On the other hand, boards for homeowner associations cannot ignore their responsibilities. We had to file suit in the Circuit Court because part of the relief sought was for an injunction, a remedy not available in the General District Court. Even though the litigation was resolved in a fairly timely manner–because the homeowner agreed to relocate the fence–attorneys’ fees were still much higher than if the case were brought in the General District court. Covenants, easements, and licenses are all useful tools for maintaining control over land use, and each may be appropriate under the right circumstances. (1)(a) A homeowners association may not adopt or enforce a restriction, covenant, condition, bylaw, rule, regulation. These rules are outlined in the HOA’s Declaration of Covenants. Homeowners Association - HOA: A homeowners association (HOA) is an organization in a subdivision, planned community or condominium that makes and enforces rules for the properties within its. A homeowner had installed an unapproved fence in the common area. These organizations exist to help protect and maintain the properties in the community by establishing and enforcing certain rules. ![]() Virginia Code sections 55-79.80:2, and 55-513 give jurisdiction for those matters to the General District Court. Those lawsuits can be expensive and time-consuming.įor example, prior to the statutory change, we resolved a case in which the HOA had to enforce a covenant. However, If an HOA needs to enforce a covenant, seeking an injunction to require a homeowner to comply with the restrictive covenant, as of 2011, the HOA must file a lawsuit in the Circuit Court can now file a lawsuit in the General District Court, as well. They have the authority to take various actions, including issuing warnings, fines, or even pursuing legal action against homeowners. ![]() Enforcing these covenants is the responsibility of the HOAs board of directors. When it fails to do so, a homeowner can sue the association for damages and an injunction to compel the association to enforce the provisions of the CC&Rs. An HOA covenant is a legal document that outlines the rules and restrictions governing a particular neighborhood or community. ![]() Generally, homeowner associations can file a lawsuit in the General District courts to enforce collection of assessments. An association has the duty to enforce the restrictions set forth in its CC&Rs. We have written previously on the litigation of homeowner association cases.
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