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See also Index, duty to treat owners fairly.  As to defenses to enforcement, see also Index, defenses to enforcement.

I.  Enforcement Checklist:

Prior to enforcement, an association board should:

  • Review the governing documents to determine if a specific method or procedure of enforcement is required, such as specific requirements for notice, allowing an opportunity to cure the violation, hearings, or alternative dispute resolution (mediation, arbitration, etc.).
  • Make sure a

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Statutes and Cases:

(For reference: 57-8 is the Condo Act, 57-8a is the Community Association Act, 16-6a is the Nonprofit Act)

16-6a-609. Termination, expulsion, or suspension
57-8-10. Contents of declaration
57-8-10.7. Board action to enforce governing documents -- Parameters
57-8-37. Fines
57-8-8. Compliance with covenants, bylaws and/or house rules and administrative provisions
57-8a-208. Fines
57-8a-212.5. Compliance with governing documents
57-8a-213. Board action to enforce governing documents -- Parameters
57-8a-217. Association rules, including design criteria -- Requirements and limitations relating to board's action on rules and design criteria -- Vote of disapproval
57-8a-218. Equal treatment by rules required -- Limits on association rules and design criteria
Crimmins v. Simonds (enforceability of covenant breached many times) '81
Fink v. Miller (abandonment of covenant, enforcement) '95
Rapoport v. Four Lakes Village (ARC review, requiring neighbors' consent for an improvement, attorney fees) '13
Rowley v. Marrcrest HOA (waiver, estoppel, ARC review, self help) '82
Smith v. Simas (injunction not appropriate, balancing of equities) '14
South Ridge Homeowners' Assoc v. Brown (interpreting documents, short term rentals) '10
Swenson v. Erickson (abandonment, architectural review) '00