Board Proposed Covenant Change to Drop 5.01 Law, Ordinances

Restating the State law and County ordinances as part of the Covenants enables Members to utilize 10.02 to correct a problem rather than trying to get the State or County actions. With all the discretion the Board currently has, and will obtain through the changes being proposed, landowners do not have any faith the Board will act to address problems, and Landowners benefit from having State and County laws restated within our covenants.

Focusing on the word “shall” and trying to state it forces the Board to enforce State or County laws is a false statement. The Board does not have to take action to enforce of any covenant. 
Covenant 10.02 reads: “During such thirty (30) days, the Association may but is not obligated to, take action by notifying the Landowner(s) against whom the complaint is made of the alleged violation, initiating its own legal proceedings and/or submitting the complaint to binding arbitration ….” “The Association and representatives of the Association shall not be liable to any person or entity for any actions taken or not taken pursuant to the provisions in this section,” and Covenant 12.04 Liability of Association “The Association shall have no liability for any of its actions or failures to act

Under Covenant 10.02, a Landowner only has to wait 30 days after filing a complaint with the Board before they can take action themselves to enforce a Covenant. 

In a discussion I had with the County attorney, I was told enforcing to consider the attorney priority to address major crimes as compared to addressing landowner complaints and to decide when/if the County would act.