Covenant Violation Fee Q&A

In 2007, an individual bought a house in Arbor Creek for the sole purpose of renting it to any individual or family willing to pay the rent. The covenants state that ACHA homes can only be owner occupied. The only way to enforce this covenant was to take this individual to court. In subsequent years, the ACHA Boards undertook a revision of the covenants so that the Association can assess fines to those individuals not willing to abide by the covenants agreed upon when the home was purchased.

The Board wishes to be objective in determining fines for violations and to be consistent between homeowners for full transparency.

The ACHA Board is notified of potential covenant violations by individual homeowners. The Board does not actively seek out violations, but are obligated to report non-compliance, if a Board member is made aware of such violation. Once a complaint has been filed, the Board will inform the homeowner of the complaint by letter. Homeowner’s who are fined will have the right to request an appeal of their fine and appear at the next regularly scheduled Board meeting, within 30 days

All homeowners at time of home purchase should have been provided with a copy of the ACHA Conditions, Covenants and Restrictions (CCR). The CCR’s are readily available on our website. The ACHA Board also periodically mails to every homeowner a paper copy for their reference. The goal of this is not to collect money. The goal is to gain full support to the CCR’s without having to sue our neighbors. The overwhelming majority of AC homeowners typically comply with the CCR’s and these changes will have no negative effect on them, assuming they continue to comply. Again, the goal of fines is to gain 100% cooperation with all the CCR’s.