From the Unit Owner who refuses to remove their exterior speakers to the Homeowner that insists upon having that “dolphin” mailbox, we can certainly say we have seen our fair share of Covenant violations. On a daily basis, we field inquiries from Trustees and Property Managers as to alleged violations, which are occurring in the Communities we represent. Given our long tenure as a Community Association Firm, we can, on most occasions, answer those questions IMMEDIATELY. In providing guidance to our Boards and Managers, we always take into account the Community’s prior history in enforcing the Governing Documents and rules and regulations. Every Community is different, each with its own unique temperament and character. Because we have represented so many Communities for such an extended period of time we know each Communities history and uniqueness.
When enforcement of a restriction contained in your Community’s Governing Document or a rule in regulation is appropriate we are able to properly require compliance from a Homeowner. We have the ability to properly document the alleged infraction, the basis for the Board’s intended action (in the event noncompliance is continued to be displayed), and the enforcement procedures to be employed by the Association in order to gain compliance. This is of paramount import in the event a noncompliant Unit Owner contests the actions of the Association either in and ADR hearing or subsequent litigation. And as in the collection matters that we handle, when we are assigned the task of compelling compliance we seek to recoup the Association’s Attorney’s fees and cost incurred incident to gaining that compliance.
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Giaimo & Associates... focusing primarily on Community Association Law.
"Your Community Association Law Partner"