Is a board of directors required to enforce an association’s covenants if it has not gotten any homeowner complaints concerning the violation?
As a general rule, board members have a fiduciary duty to enforce the covenants. However, even though boards have this fiduciary duty, it does not require boards to go looking for violations. The board may want to receive a complaint before investigating and taking action. However, that choice, while entirely appropriate, could provide a number of defenses to homeowners who violate covenants. The defenses of selective enforcement, abandonment, and/or waiver could be raised by homeowners who receive notices of violations for things that others within the community have done without receiving a violation notice and assume that the association knew of the other violations and did nothing. (Click here for a past newsletter article addressing the top 10 covenant enforcement mistakes associations make.
Related Questions
- Where can I find information on Barrington Homeowners Association, Inc. Board of Directors, covenants, by-laws, board meeting minutes, and financial reports?
- Where can I find information on Turtle Creek Home Owners Association, Board of Directors, covenants, by-laws, board meeting minutes, and financial reports?
- Is a board of directors required to enforce an association’s covenants if it has not gotten any homeowner complaints concerning the violation?
