Your Neighborhood Law Firm

How homeowner associations can enforce restrictive covenants

Homeowner associations in Texas play and important role in ensuring communities and neighborhoods are appealing and well kept. This may not seem important to everyone, but neighborhoods and communities that look appealing can increase the value of property for everyone living in the community.

Homeowner associations have various rules to ensure that the community is up to the standards expected by the residents. Like any rules though, if people do not follow them they are useless and in these situations it means property values could go down. Homeowner associations need to have a way to enforce their rules to ensure the residents are following them.

Homeowner associations have a couple of different options for enforcement. One is that they can state their enforcement mechanisms in the declarations of covenants that the residents sign and agree to when they move in. The homeowners’ association can state that they can fine residents for non-compliance.

Options for enforcement of restrictive covenants

If there is a provision allowing for fines, the homeowners’ association still needs to notify the resident of the violation and their intent to fine them prior to actually levying a fine. The notice needs to include the nature of the violation, the amount owed based on the violation and that the resident has 30 days to request a hearing in front of the Board of Directors. If it is a curable violation, the homeowners’ association also needs to give the resident a reasonable amount of time to cure the violation before fining them.

If this does not work or the declarations do not include a provision allowing the homeowners’ association to fine the resident, they do have the option to file a lawsuit against the resident. Through the lawsuit they can request specific performance to fix the violation and also fines as well.

Homeowners’ associations in Texas need to be able to enforce their covenants and understanding the best way to do it is important. The most important goal is generally to ensure residents are following the rules to make sure the community does better as a whole.