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Committee hears cleanup of covenant-enforcement statute to narrow who can sue
Summary
Representative Steve Fitzpatrick presented House Bill 325 to refine who can enforce real-property covenants. Supporters called the change a clarification to limit enforcement to parties to covenants and to owners and governing bodies subject to them.
Representative Steve Fitzpatrick opened House Bill 325 calling the proposal a cleanup of a statute enacted in a prior session that treats covenants and who may enforce them. He told the committee the revision is intended to narrow enforcement rights to parties to the covenant, owners of property burdened by the covenant, and homeowners associations or governing bodies that are subject to the covenants.
Why it matters: Supporters, including an attorney who practices across the state, said the change clarifies the statute and preserves equitable defenses such as waiver, estoppel and laches. Representative Fitzpatrick and witnesses noted the bill is not intended to override or waive county-required conditions of approval imposed by local government. Fitzpatrick said he does not believe the bill would permit waiving county-required covenants that are conditions of development approval.
Committee questions focused on potential ambiguities in drafting — for example whether the phrase "governing body" could be read more broadly than intended — and representatives asked whether the bill should be cleaned further. The sponsor pointed to cross-references in the draft that limit the intended scope to covenants, conditions and restrictions.
Ending: The hearing closed with thanks from the sponsor and no formal committee vote at this meeting.
