![]() One important point is that your Board doesn’t have to enforce covenants alone. In some cases, this may mean administering consequences to homeowners who do not follow the covenants. When you serve on the HOA Board, part of your job is implementing the covenants of the community, and monitoring adherence to those covenants within the community. What Association Boards Should Know About Covenant Enforcement You cannot select some instances to enforce a covenant, and other instances to ignore that covenant. Selective enforcement. Basically, an HOA must enforce its rules and covenants with fairness and consistency.You can always ask your HOA attorney if you are unsure about where that line is. Your HOA cannot try to enforce any covenant that is at odds with local, state, or federal laws. Infringement of rights. Additionally, an HOA may not seek to enforce any covenants that infringe on a homeowner’s legal rights, such as right to free speech and expression.Again, the HOA’s scope of power is defined in the governing documents. If a covenant is beyond the HOA’s scope of power, then it is not going to be enforceable. Scope. The HOA has a certain sphere of power and authority. ![]() Failure to do so may render a covenant unenforceable.
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