![]() ![]() The creation of the attorney-client relationship would require direct, personal contact between you and our firm through one or more attorneys and would also require an explicit agreement by the firm that confirms that an attorney-client relationship is established and expresses the terms of that relationship. Communication of information by or through this website and your receipt or use of such information is not intended to create an attorney-client relationship with Hall Underwood or any of the firm's attorneys. None of these materials are offered, nor should be construed, as legal advice. Currently, our attorneys are licenesed to practice only in Arizona and Illinois. There is no effort or intention to solicit new clients or new engagements from existing clients by way of this website nor should any of the information published on the website be construed as representing any of our lawyers' availability to practice in jurisdictions where they are not authorized to do so. As long as those rules are reasonable and enforced in good faith, the covenant violation process should be adhered to.Īre your association’s rules reasonable and do they make sense for your association? If not, it may be time for a review and rewrite.The material on this website has been prepared and published for informational purposes only. But that does not mean the association should not enforce its rules. ![]() Upon receipt of a covenant violation notice, most owners in community associations will not immediately roll over, expose their belly and beg for forgiveness, like our furry friend in the picture. Everyone who has ever gotten a parking ticket knows that your first reaction is to say “That’s not fair.” It might not be fair when you get a parking ticket five minutes after the meter expires, but rules are rules and there is a reason why they need to be enforced. Yet, when people are accused of committing an offense, it is often human nature to deny the allegation and attempt to prove your innocence. The goal of covenant enforcement is not to punish the offender, but to prevent future violations. On the other hand, rules are rules and the association’s response to violations should be consistent, whether it is a minor infraction or a repeated and flagrant violation.īehind every rule, there should be a reason. On one hand, I found it ironic that while we were embroiled in litigation over a “major” covenant violation, a “minor” violation occurred right in front of our eyes. Later that day, the manager sent me this photo, which the dog’s owner had sent him by way of apology. I pointed it out to the manager, he made a phone call, and we went back into the deposition. I happened to glance out the window and noticed a dog running around on the pool deck. We were conducting depositions in my conference room and, during a break, the manager and I stepped into my office. One summer, the association was involved in some pretty contentious litigation over a serious, ongoing covenant violation. A condominium association I represent is located in such a way that I could see their amenities – a small swimming pool and tennis courts – from my office window.
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