Usually, the association (through the board of directors) can enforce a covenant. A committee of the corporation can sometimes enforce the covenants. For instance, the architectural control committee might be given such authority.
In my experience, corporate lawyers generally use obligation and covenant interchangeably, except that many use only covenant when referring to obligations that are grouped together in a contract and that address how a given party is to conduct itself between signing and closing, while a debt remains outstanding, or in ...
A covenant is a formal agreement or promise , usually included in a contract or deed , to do or not do a particular act.
A covenant is a formal promise or agreement to do or not do something. Covenants are found in legal documents like contracts and often deal with major issues like payment terms, confidentiality, non-compete agreements etc. A clause is a section or provision within a legal document that covers a specific issue.
As a general rule, restrictive covenants entered into voluntarily will be enforced where the covenant is “reasonable in time and area, necessary to protect the employer's legitimate interests, not harmful to the general public and not unreasonably burdensome to the employee.” Reed, Roberts Associates, Inc.
A bond covenant sets out certain activities that must be undertaken, or what activities are forbidden, by a bond issuer. Covenants are legally binding clauses, and if breached will trigger compensatory or other legal action.
In American law, a covenant is a formal, written contract. For example, a property owner and a homeowner's association might establish a covenant for what the property owner is permitted to place on their property and what the association offers the property owner as one of its members.
5 Ways to Defeat a New York Non-Compete Agreement Fired Without Cause. If your employer is not willing to employ you, courts generally will not enforce a non-compete agreement. The Legitimate Business Interests Test. Unclean Hands – Breach of Contract by Employer. The Janitor Rule. There Is No Competition.
A. : a written agreement or promise usually under seal between two or more parties especially for the performance of some action. the deed conveying the land contained restrictive covenants. b. : the common-law action to recover damages for breach of such a contract.