the covenants and bylaws) clearly authorize the board to enter someone’s property to correct a violation. This is what we homeowners association lawyers commonly refer to as a “self-help” provision.īefore resorting to such action, the board of directors must first determine whether the community’s governing documents (i.e. Not uncommonly, a community’s covenants and restrictions will have language providing that the association has this right in certain circumstances. How do we enforce the darn covenants? Are they even worth the paper on which they are written?Īs a homeowners association attorney, one question I hear frequently is whether the board has the right to enter someone’s property and correct a violation themselves. Thus, Indiana homeowners associations and condominium boards are often left to scratch their heads and determine how to undertake what is probably the most arduous task of an HOA board member. Unfortunately, the task of enforcing covenants is rarely as easy as it seems, due in large part to a minority of homeowners who abide by the adage that rules are made to be broken – or at least disregarded. Politely ask folks to cooperate, act civilly toward each other, and abide by a few easy-to-follow rules that exist for the benefit of the community. Using self-help to enforce HOA covenants: Can’t we just go onto an owner’s property and do it ourselves?Ĭovenant enforcement.
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