What is an HOA covenant enforcement action?
An HOA covenant enforcement action is a legal process in which a homeowners association (HOA) enforces its rules and regulations, known as covenants, against one or more homeowners. It is the responsibility of the HOA to ensure that all homeowners comply with the HOA’s covenants. If a homeowner violates the covenants, the HOA may take legal action, such as filing a lawsuit in Washington state court. The action can be for damages, for an injunction to stop the offending homeowner from continuing to act in breach of the covenants, or to recover attorney’s fees and court costs for having to bring the action. In some cases, the HOA may be able to recover treble damages from the offending homeowner, meaning that the homeowner could be liable for up to three times the damages that they caused. It is important to note that the HOA covenant enforcement action is the last resort, and many HOAs prefer to resolve violations through informal methods, such as mediation and negotiation.
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