Uncorrected Covenants Violation - 4 Years!

 


Isn't it the responsibility of the Board of Directors to protect the assets of the HOA and to enforce Covenant violations against the Association?

If you did not correct a violation of the Covenants for four years, what do you think would happen?

Four years ago this month (April 2021), I informed the HOA that a private fence had been erected across Common Property behind 204 Barony Place Drive, blocking access to Common Property.

Periodically, I reminded the Covenants Committee and the Board that no action had been taken. 

FOUR YEARS is too long for the HOA to take to resolve this infringement on the Common Properties.

If the Covenants Committee determined that a violation (a private fence blocking access to Common Property) existed, it should have made a recommendation to the Board of Directors at an open, public, monthly Board meeting for the improper portion of the fence to be removed. It should have asked the Board to make a decision to remove that portion of the fence.

Then the Board would have had a decision to make: 

1) Make a motion, second it, and vote on it; or

2) take no action and disregard the recommendation of the Covenants Committee.

If the Board took no action to protect the interests of 2,480 property owners (the Association), then it is subject to liability for failing to act.

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