Halk, oetinger, and brown, pllc

Covenant Enforcement

Halk, Oetinger, and Brown provides pre-litigation and non-litigation enforcement services including enforcement letters, advice for boards of directors, and assistance in conciliation efforts. We believe that litigation concerning covenant enforcement is, in most cases, not beneficial to either the Association or the complaining member. With that in mind, our firm handles enforcement matters with a three-step process prior to filing a lawsuit.

Covenant Enforcement

Arizona HOA Covenant Enforcement

At Halk, Oetinger, and Brown, we strongly believe that litigation over covenant enforcement is typically not advantageous for either the Association or the concerned member. Legal disputes can lead to unnecessary strain and expenses for all parties involved. Therefore, our firm employs a structured three-step process to address enforcement matters before resorting to lawsuits.

The first step involves sending a detailed letter outlining the relevant facts and applicable laws related to the issue. This initial communication aims to clarify the situation and establish a foundation for understanding. The second letter adopts a more direct approach, highlighting specific concerns and potential consequences if the matter is not resolved amicably.

The final step is a mediation offer, which provides a constructive avenue for conflict resolution. This mediation proposal is designed to benefit the Association by simplifying and expediting the process; if the Owner agrees to mediation, it can save time and costs for the Association. Conversely, should the Owner decline mediation, courts are generally more likely to award the Association its attorneys' fees and costs, acknowledging the Association's efforts to avert litigation.

After sending the final letter, our firm provides tailored guidance to the Board regarding the next steps, considering the unique circumstances of each case. The Board typically has four options: accept the Owner's response and engage in further negotiations, proceed with mediation, escalate the issue to litigation, or take no action and revisit the matter later. Each option carries distinct implications, and we are here to assist in navigating these decisions effectively.

Covenant Enforcement

File Injunctions

File an injunction to obtain an order directing the Owner to correct the violation;

File a Lawsuit

File a lawsuit for the amount of the fines and try and get the Owner to comply that way;

File an Adminstrative Action

File an administrative action with the Department of Real Estate or find that the cost of the enforcement considering the magnitude of the violation is not in the best interest of the Association.

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Halk, Oetinger, and Brown

Covenant Enforcement

Halk, Oetinger, and Brown provides pre-litigation and non-litigation enforcement services including enforcement letters, advice for boards of directors, and assistance in conciliation efforts. We believe that litigation concerning covenant enforcement is, in most cases, not beneficial to either the Association or the complaining member. With that in mind, our firm handles enforcement matters with a three-step process prior to filing a lawsuit.

Covenant Enforcement

Satisfied Homeowner's Association Clients

Read what our clients have to say about us...

"As an absentee owner my interaction with this law firm has been extremely professional. From their responsiveness and extensive explanation of an issue created by my tenant. They were very generous with their settlement proposal which I happily accepted."

Janelle Morris

"Phil is both a nice person and extremely competent with HOAs. Responsive and to the point he is a key part of your team."

David Peters

"Great response time. Seem knowledgeable. Glad we are doing our POA monthly retainer."

Jennifer Hensley