When we buy a home in a neighborhood with covenants, we each agree to live by those covenants. Covenants provide standards for the neighborhood, both in what we build on the property and what we do on our property in the community. However, some people don’t follow those standards and the HOA volunteers end up dealing with covenant violations.
In December 2021, we received several complaints about a property in Brookhaven that had excessive motorcycles in the yard and constant traffic unloading motorcycles and ATVs. The HOA also got an inquiry from a real estate agent asking on behalf of clients whether it was safe to live nearby.
I approached the tenant and asked about the cleanup, but I was met with vulgarity and threats. After that, the HOA dealt directly with the property owner and contacted the City of Edmond Code Enforcement. In 2022, the owner acknowledged the property was being used for commercial purposes, a violation of the covenants. However, he would not clean up the property. The HOA Covenant Committee began assessing the owner with a monthly specific assessment for the violation, starting at $150 per month and increasing by $50 per month until the violation is removed. The owner appealed to the board according to the Bylaws, but did not appear at the appeal so the violation was upheld.
In 2023 the City of Edmond took the tenant to court several times. The HOA supported the city’s efforts by providing testimony and evidence. The city judge found the tenant guilty of parking on the grass and running a business on residential property that “significantly changed the character of the neighborhood.” The issue was not resolved despite court orders, resulting in five citations of public nuisance. The property was still not cleaned up.
After deliberation, the board approved small claims legal action in August 2023 against the owner. That resulted in a negotiated settlement to collect the assessments and clean up the property. The owner acted in good faith, cleaned up the property, and resolved legal issues in February 2024. This has been a long administrative process which was made possible through having good covenants in place. Thank you to those who helped with communications and even came to court dates for support.
Our covenants provide freedom for individual properties while protecting the neighborhood as a whole. Every home in Brookhaven has restrictive covenants and restrictions which you can download here: https://www.brookhavennorth.org/covenants/
The basic idea behind most covenants is “Be a good neighbor.” If everyone did that, we would not have three-year conflicts like the one above. After that ordeal, I was through being on the board.
A home is most family’s largest financial investment, so please take care of your property while being mindful of the covenants when making updates. I still believe we have a great neighborhood.
Thanks,
Allen Smith
Former Board Member 2008-2024
Covenant Committee/ARC Chair 2011-2024
NOTE: This article was too long for the last newsletter. If you have questions or need assistance dealing with covenant violations, use our Contact page to reach the board and officers. City code violations can be reported here: https://www.edmondok.gov/895/Community-Image