Legal Question in Real Estate Law in Virginia
Property Covenant Violations
We own a home in a community with very specific covenants and restrictions that we agreed to abide by. The problem is our neighbor does not abide by them. This neighbor has cut down numerous trees in the common area and has removed all privacy from our backyard and uses this area for her own benefit which is a direct violation of the covenants. The problem is when we alerted the community association about this they do not seem interested in making her replace the trees as stated in the covenants. We have pleaded our case to the board to no avail. It is like they think they can do anything they want and suffer no consequences. What can we do to make them honor the covenants we pay them for?? We would like to avoid the costly chore of suing them as it states in the covenants that we are liable for ALL attorney fees of both parties even if we win. Please help! Thank you
2 Answers from Attorneys
Re: Property Covenant Violations
Your board members appear to be wimps.
I think you and / or like-minded homeowners motivated by you should run for the board.
Once you have a majority of people on the board who share your view that rules should be enforced, maybe you can get things done. This approach should be more personally gratifying -- and far less costly -- than going to court yourself.
Re: Property Covenant Violations
If you can do nothing further as a home owner in this community to mitigate this situation, then you have little choice but to consult with an attorney to determine what other options might be available to you that could, but may not necessarily, involve litigation.
(I doubt that a court would uphold a covenant requiring you to pay all the legal fees even if you won your suit.)
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