Evolvement

I saw quite a few months ago that there was supposed to be an updated newsletter mailed to residents (or at least posted on the site), so far I have not heard anything else.

Is there any hope of getting covenants enforced anymore or will there not be covenants applicable to Briargate?

Covenant Enforcement?

The covenants go with the land. In that respect, any neighbor or group who has a concern can inform a resident who violates a covenant that he/she is liable for enforcement action unless the action is made compliant. Failing that, a small claims suit can be filed and you can let a judge hear the case. If you win, you can sometimes be compensated for any actual loss, but if you lose, you lose twice.

At present, our neighborhood organization is not a covenant-enforcing body and probably could not become one unless we were to have a vote and have 51% approve to become a mandatory association first, and then have it written in our (new) bylaws to become covenant-enforcing.

Please call me and I will be happy to discuss this with you further.

Covenants

Thanks for the info. Lee! That is how I assumed it worked, but I remember that Briargate used to do the enforcement. I guess now that La Plata runs things, we have to do things differently since they don't care about the appearance of the community. At least they keep selling more land!

By Dan Huffman

Newsletter/Covenants

Dan:
My sincere apologies for not replying sooner.

Yes, we wanted to have a newsletter, but it has gone fallow for lack of cooperation.

We need help, because the Board cannot possibly do it all.

Covenants: they go with the land and are not revocable except with a voted majority of the property owners in the area or filing affected. If something is happening that is covered by the covenants that you had conveyed with your land title, then you have the right to sue. If we had a covenant enforcing association, then the assoc could levy fines and represent property owners in court.