Associations Must Act Timely and Decisively to Enforce Covenants
Associations Must Act Timely and Decisively to Enforce Covenants
This summary of a recent Court of Appeals decision was published in the October 2008 edition of the Community Association Law Reporter published by Community Associations institute. What do you think of the Court's decision?
Pacific Hills Homeowners Association v. Prun, No. G038244, Cal. App. Ct., March 20, 2008
Covenants Enforcement: If an association does not act timely and decisively in enforcing covenants, then the association may face penalties if the dispute goes to court.
Jon and Linda Prun live in a planned community in Mission Viejo, Calif. Their property is subject to a declaration of covenants, conditions, and restrictions, which is enforced by the Pacific Hills Homeowners Association ("association"). The declaration requires that prior written approval from the association's architectural committee is needed before construction of any improvement, including a fence or wall, can commence. The association also adopted architectural guidelines that limit fences to six feet in height unless the fence is within 20 feet of the front property line, in which case the maximum height is three feet.
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