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Covenant Disputes

Covenant Disputes

HOA Law Attorneys in Jacksonville, FL

Protective covenants are part of the governing documents for every association whether  a homeowners’ association, a condominium association, or a commercial property association.  The purpose of covenants are to protect the value of the property within these associations.  Covenant disputes can arise over many issues, including but not limited to, the enforcement of architectural rules and regulations, use of common elements, or implementation of the rules and regulations and bylaws by the governing board of the association.  The attorneys at Heekin Litigation Group have experience litigating covenant disputes on behalf of the associations and on behalf of owners.

More often than not, a covenant dispute can be avoided by an association if the association consults with an attorney prior to taking action against a homeowner or a unit owner.  The most common type of covenant dispute involves architectural rules and regulations.  For example, this would include enforcement of rules regarding the exterior color of a building or materials out of which the exterior of a building is made.  It could also include the types of structures that can be built on property within the association including sheds, patios, basketball hoops, and gazebos.  One problem that associations often face is a claim by a homeowner that the association is arbitrarily enforcing the architectural rules and regulations.  Florida law requires that an association enforce its rules and regulations against all owners within the association equally.

The attorneys at Heekin Litigation Group encourage associations faced with any question of an arbitrary enforcement of architectural rules and regulations to seek advice of counsel before making any decisions.  Each of the attorneys at Heekin Litigation Group have experience litigating the enforcement of architectural rules and regulations.  If you have questions about any type of covenant dispute in your association, we would encourage you to contact us today.

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