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Associations are private democracies that operate under a set of governing documents. Usually these documents are patterened after, and often dictated by the state association law. Every owner agrees to abide by these covenants when s/he purchases a living 'unit'.

Enforcement of covenants is the responsibility of the board of directors. If the board fails to enforce the covenants, owners are advised to document the violation, document the section of the covenants being violated and send that letter to the board. Request that the board address the violation in an open board meeting, and request that the board vote to either enforce the covenants or not enforce the covenants. Then require that their vote be documented in the minutes.

As necessary, you may also request time during the board meeting to present your position. Request that your comments, too, be included in the minutes.

Once board members recognize that not enforcing covenants is in violation of their own 'law', often board members begin enforcing them.

Finally, if the violations encroach on the rights of other owners that are protected by the covenants, and the board fails or refuses to act, and other owners file lawsuits against the violators -- and the board, the board can be held liable for not enforcing the covenants.

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Q: Does pa state law require enforcement of covenants by homeowners associations?
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