Complex Covenant & Easement Disputes

Complex Covenant Disputes

We are often referred complicated covenant matters that affect multiple parties, or neighboring communities. These disputes require detailed analysis and out-of-the box problem solving, and we work hard to protect our clients’ rights and end the controversy. We have handled issues concerning complicated ordinance enforcement, such as dark sky (lighting) compliance, greenhouse structures, group homes, and other structural conflicts.

Based on our years of experience, we educate our Association clients on knowing their rules, enforcing them, and enforcing them evenhandedly. We have represented owners on selective enforcement claims and, in harmony with our desire to promote community, we ensure our clients treat all members of the community fairly.

Covenant disputes require careful cost-benefit-analysis and examination of community-wide enforcement in order to help community clients make the right decision about litigation and settlement. Our years of litigation and HOA representation allow us to navigate our clients correctly through these disputes.

Easement Disputes

We have extensive experience handling complicated easement disputes between homeowners and homeowner associations, neighboring homeowner associations, apartment complexes and homeowner associations, multifamily communities and utility providers, and homeowner associations and cable companies. Easement disputes can be incredibly complicated, and involve years of historical document that created the easement rights at issue. Proper interpretation and understanding of the law is critical in resolving these disputes.

Homeowner associations find themselves in disputes over shared but private streets, facilities, fiber optic cable lines, and sometimes land, due to the grant of prior easements. Apartments find themselves in similar disputes, sometimes due to prior parcel agreements. Whatever the case, easements disputes are tough and require out-of-the-box solutions. With our litigation experience in easement and other property disputes, we protect our clients’ interests and find the necessary solution.

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