Lobeck & Hanson assists our Association clients in the enforcement of rules and restrictions, by enforcement letters followed if needed by legal action or arbitration. It is very important that the Association act as needed to timely and uniformly enforce the provisions of the Declaration and Rules. Failure to do so could ultimately render a restriction unenforceable.
Before commencing enforcement, we work with our clients to avoid potential defenses. Sometimes this requires an amendment of the restriction to eliminate ambiguity or a conflict with the documents. We also seek in our enforcement letters to persuade the unit owner to comply, while indicating the consequences if the violation continues.
By acting adequately to enforce rules and restrictions, while revising provisions as needed to meet the preferences of owners, the Association can do much to protect and improve the property values of the community.