What if a purchaser doesn't want to follow the restrictive covenants affecting the property?
A purchaser who does not abide by the restrictions on the property can be fined. That fine can become a lien on the property and collected by sale of the property through foreclosure. If the association is subject to the Planned Community Act, it may impose a fine up to $100.00 per day, after giving written notice to the owner of the alleged violation and providing an opportunity to defend against the charge at a hearing.
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I received a violation letter in the mail. Why is the association telling me I need to maintain my property? What gives them or you the right to tell me what I can do on my own property?
When owners purchase homes in homeowner and condominium associations, they contractually agree to become part of an association of their fellow owners, all of whom are bound by certain governing documents. Some of these documents are filed with the ...
What can I as an owner do if the association is not performing its duties or if other owners violate restrictive covenants or bylaws?
Your remedy is to sue the association and/or the offending property owners in court for an order compelling them to abide by all lawful covenants and bylaws. But remember, these are private rights of action that you must assert on your own. No ...
What are Covenants and Restrictions?
Restrictive covenants are provisions in a deed limiting the use of the property and prohibiting certain uses. They are similar in effect to equitable servitudes, but restrictive covenants run with the land because the restrictions are contained in ...
I want a copy of the Declaration of Covenants, Conditions & Restrictions, Bylaws and any other rules of the association. Where can I get these?
CLOSING AGENTS/REALTORS: These must be ordered from our website at www.CommunityAssociationManagement.com by clicking on the "Realtors, Appraisers, Agents, Lenders & Insurance Documents" link. HOMEOWNERS: These documents may be downloaded from your ...
What happens if I don't submit an application at all, but build my fence or complete my exterior modification anyway?
You would be charged with a violation of the Covenants, Conditions and Restrictions for your community and the Board of Directors could impose sanctions, including fines of up to $100.00 per day until your property is brought into compliance.