Intake Form to Submit a Covenant Enforcement Case to Clayton & McCulloh

(for use by existing clients only)

If you are currently one of our clients, you may (but are not required to) use this electronic form to submit a covenant enforcement matter to our Transactional Department.  Upon receipt of this form, our Transactional Department will contact you should they need any additional information. Generally, covenant enforcement demand letters go out within a week and often within 3 days.  Of course, if one needs to be further expedited, please advise us.

Client Association Information

Covenant Violators Information

Request for Covenant Enforcement Action

The Board of Directors for the above named Association instructs Clayton & McCulloh to prepare a covenant enforcement demand letter to the person(s) stated above.  (Note:  No initial retainer is necessary.)

Back-Up Materials Suggested for Covenant Enforcement Action

We recommend you put together a “file” of all materials involved in the covenant enforcement matter.  Of course, you may or may not have the items listed below and they may not be necessary to initially proceed.  Nevertheless, at a minimum they can be helpful:

  • Photograph(s) of the violation(s) with the date the photograph was taken and the photographer’s name affixed to the back of the photograph(s).  [Note: photographs should help demonstrate if, not prove, the Association’s case against a violator.  While supplying photographs of the violation initially would be helpful, if they are not initially supplied, we will need to obtain them when/or if the matter proceeds to litigation.]
  • Any correspondence regarding the violation between the violating Owner (as well as the Tenant) and the Association (including correspondence to and from the Board, its Management Company, its Architectural Review Committee, its Covenants Committee, its Fining Committee and/or other designated representative);
  • Any written memorandum or notes (regarding the violation) of oral conversations between the violating Owner (as well as the Tenant) and the Association (including correspondence to and from the Board, its Management Company, its Architectural Review Committee, its Covenants Committee, its Fining Committee and/or other designated representative); and
  • Any Board minutes, Architectural Review Committee minutes, Covenants Committee minutes, Fining Committee minutes, etc., where this matter was discussed..

The above items may help to establish the Association’s case and may provide additional information helpful in the drafting of the covenant enforcement letter.  As such, we request you attach the above items to this form.

Select a Covenant Enforcement Option

Clayton & McCulloh offers their clients two fixed fee options for covenant enforcement letter(s), the Pounder or the Mini-Pounder. Please select which option you would like to utilize for this particular covenant enforcement action:

Pounder: The Pounder is an aggressive demand letter to the Owner (and one to the Tenant, if applicable) delineating the violations and demanding compliance.  There may be several provisions in your documents being violated and you may not be aware of some of them.  We will recite in the letter each provision we determine has been violated, the enforcement provisions (i.e., those authorizing the Association to compel compliance), and the relevant Florida Statues.  Additionally we will enclose with the letter copies of all the relevant portions of the documents delineated above.  The letter will demand that the Owner (and the Tenant, if applicable) come into compliance (by correcting all of the violations) within a specified time frame.  Finally, we will put the Owner (and the Tenant, if applicable) on notice that if he, she or they fail to come into full compliance, the Association intends to escalate the matter and avail itself of its legal remedies.  The original of the letter is sent by certified mail and a duplicate copy is sent by regular mail.  The Pounder is aptly named because for additional effect, we endeavor to make it literally weigh a pound.

If the additional letter to a Tenant is required, there will be a small additional fee.  This letter to the Tenant is usually sent at the same time we mail the letter to the Owner.

Mini-Pounder: While most clients prefer the Pounder given its greater likelihood of obtaining compliance, we do offer a less aggressive and less expensive alternative. This 1 to 1 ½ page demand letter is significantly less comprehensive and accordingly less persuasive than our Pounder. (Note: this letter is similar to the run of the mill demand letters used by most other firms.)

What happens if the Owner does not come into Compliance

At the end of the time period specified in the letter, our Transactional Department will contact you to determine if the Owner has come into compliance.  If he, she or they have not come into compliance, a Homeowner Association generally has the option to pursue mediation.  Conversely, a Condominium or Cooperative Association has the option to pursue arbitration. If escalating the matter becomes necessary, we will forward to your Association for execution a “Motion Letter” reciting the proposed wording for a Board motion to be passed at a Board meeting.  Upon our receipt of that executed Motion Letter and a check for the cost deposit (as stated in the Motion Letter), we will commence escalating the matter accordingly.   In the event that even mediation or arbitration does not resolve the violation, Clayton & McCulloh can institute litigation against the Owner, Tenant or both.