Are owners failing to comply with covenants, declarations and deed restrictions? Let us help enforce your HOA’s rules.
Michigan HOA Lawyers | Homeowners Association Attorneys
Enforcing Homeowners Association Covenants, Conditions and Restrictions
HOA rules help homeowners associations operate in an orderly manner, uphold community aesthetics, preserve property values and protect property owners’ health, safety and welfare. Enforcing covenants, declarations and deed restrictions is a very important job, but is often time-consuming and complicated. Our Michigan HOA attorneys are up to the task.
The board of directors of a homeowners association has a duty to enforce the various regulations contained in the restrictive covenants, declaration or deed restrictions as written, subject to limited exceptions. It is imperative that the HOA board enforces the restrictive covenants in a consistent and uniform manner.
In most cases, the restrictive covenants, declaration or deed restrictions allow for the homeowners association to recover its attorney’s fees and costs for having to take action to enforce the governing documents. The attorneys at Hirzel Law, PLC routinely assist Michigan homeowners associations with enforcing their restrictive covenants.
HOA restrictive covenants that we typically enforce:
- Aesthetic Restrictions
- Commercial Use Restrictions
- Damage to Common Areas
- COVID-19 Restrictions
- Drone Restrictions
- Electric Vehicle Charging Station Restrictions
- Failure to Obtain Approval for Modifications
- Flag Restrictions
- Hoarding/Sanitary Restrictions
- Holiday Decoration Restrictions
- Illegal Drug Use Restrictions
- Insurance Requirements
- Landscaping Restrictions
- Leasing Restrictions
- Mailbox Restrictions
- Nuisance/Noise Issues
- Parking Restrictions
- Pet Restrictions
- Residential Use Restrictions
- Sign Restrictions
- Smartphone Use Restrictions
- Smoking Restrictions
- Social Media/Website Restrictions
- Insurance Requirements
- Solar Panel Restrictions
- Vehicle Restrictions
- Wi-Fi Restrictions
How We Help Enforce Covenants, Conditions and Restrictions (CC&Rs)
If an owner is in violation of the restrictive covenants, declaration or deed restrictions, there are several actions that may be taken. First, the HOA board may meet with the disputing parties to discuss the issue or send a warning letter. If an informal meeting or warning letter is not successful, then the board may start formal proceedings to resolve the dispute and enforce the CC&Rs.
After a violation is turned over to our firm, we typically start by sending a demand letter, unless there is an emergency that requires immediate court involvement. If the violation is not resolved, the most common method of enforcement is seeking an injunction to require the owner to comply with the covenants, declarations or deed restrictions. The experienced HOA lawyers at Hirzel Law, PLC can help you take the correct steps to enforce rules while considering the rights of all involved parties.
Do Your Governing Documents Make the Grade?
We offer an HOA Report Card that outlines the strengths and weaknesses of your homeowners association’s governing documents, such as its covenants, declaration and deed restriction. Our written review also offers suggestions for improvement. The HOA Report Card is included in our Premium Service Plan.
Improving Governing Documents Can Help Prevent Lawsuits
Not all HOA restrictive covenants, declarations or deed restrictions contain adequate enforcement mechanisms. By amending your covenants, conditions and restrictions, you can protect your homeowners association and board with clear, consistent provisions for enforcing regulations.
With our vast experience in homeowners association governing documents, we are well equipped to amend and modify these documents. Our goal is to make the language clear to avoid ambiguities and unnecessary litigation. We also update documents to comply with the most current laws.
The Right HOA Lawyers for Your Needs
Clients come to us with huge, messy problems—like CC&R enforcement—because they know we have a great track record of resolving complex issues. We are known for our ingenuity, responsiveness and peer-recognized legal prowess. We pride ourselves on educating clients and providing the highest-quality legal representation.
Contact Our Michigan HOA Lawyers for Help with Enforcing Covenants, Declarations and Deed Restrictions
Enforcing HOA regulations is a tough job made tougher with inadequate documentation. Contact Hirzel Law PLC online or call 248-478-1800 (Farmington) or 231-486-5600 (Traverse City) for help with enforcement issues. Our team of award-winning Michigan homeowners association lawyers is ready and willing to help.
Farmington MI Office
37085 Grand River Ave, Ste 200
Farmington, MI 48335
Monday - Friday
9:00am - 5:00pm
Traverse City MI Office
1001 Bay St., Suite E
Traverse City, MI 49684
Monday - Thursday
9:00am - 4:00pm
Friday: By Appointment