Situations often arise where community associations and owners are in conflict over the enforcement of the association’s governing documents.  Associations have the affirmative obligation to ensure that their governing documents are uniformly enforced so that the standard of living and reasonable expectations of all members may be upheld. Of course, associations must continuously and uniformly enforce their covenants, conditions, restrictions, rules and regulations or risk the permanent loss of their enforcement rights.

In cases of recalcitrant owners who refuse to comply with the association’s governing documents or issues of particular significance, sensitivity or ambiguity, it is necessary to retain legal counsel to assist in enforcement and conflict resolution.   In such situations, Fuller Jenkins attorneys can protect an association from unnecessary liability and expense by guiding the association through the entire enforcement process from developing initial violation notices, cease and desist letters, and enforcement opinions to Chapter 38 ADR (mediation or arbitration), District Court proceedings, and the enforcement of judgments.

Community Association Law overview