Running an homeowners’ association or cooperative can be difficult in several regards. For many who serve on a board of directors, enforcing covenants can be the trickiest part. After all, a lot of people dislike the conflict involved with enforcement, as it can cause friction in the neighborhood, sometimes even with direct neighbors.
Yet, enforcing restrictive covenants is key to maintaining uniformity and property values in your neighborhood. That’s why as we discussed in a previous blog post, you need to know how to properly enforce these restrictive covenants. This includes knowing which errors to avoid, including selective enforcement.
What is selective enforcement?
As its name implies, selective enforcement occurs when you only require some property owners to stick to the terms of a restrictive covenant. To most people, this type of enforcement looks like favoritism, and it can lead to a whole host of problems.
Why is selective enforcement problematic?
If you engage in selective enforcement of your restrictive covenants, then you can end up facing a lot of trouble. To start, property owners might view your HOA’s powers and authority as watered down, meaning that they’re more likely to test you to see if they can do what they want without facing negative consequences.
Secondly, and perhaps more importantly, your restrictive covenants might lose legal viability. So, by letting violations of applicable covenants slide, you could completely lose the ability to enforce them in their entirety, which can change the dynamics of your neighborhood.
Do you want help with your covenant enforcement?
We know that enforcing covenants can be tough and undesirable. But it’s a necessary part of an HOA’s duties. That’s why you might want to turn to a professional for help in ensuring that you protect your interests and your neighborhood when it comes to restrictive covenants.