Nebraska has no statute governing covenant or architectural-control enforcement for non-condo HOAs. Restrictive covenants run with the land and are enforced as private contracts under Nebraska common law. For condominiums, the association enforces the declaration, bylaws, and rules through its Condominium Act powers (Neb. Rev. Stat. § 76-860).
For ordinary planned communities, Nebraska supplies no architectural-review or covenant-enforcement act. Recorded covenants (CC&Rs) are treated as equitable servitudes / contracts that run with the land; Nebraska courts enforce them by injunction or damages and apply doctrines such as the requirement that restrictions be reasonable and that ambiguities be construed in favor of the free use of land. Architectural-approval committees derive their authority entirely from the recorded declaration, not statute. For condominiums, § 76-860 gives the unit owners association power to adopt and enforce rules, 'regulate the use, maintenance, repair, replacement, and modification of common elements,' and 'levy reasonable fines' for violations of the declaration, bylaws, and rules. Whether condo or planned community, the controlling instrument is the recorded declaration, and disputes typically reach district court as private-covenant litigation rather than under a specialized HOA enforcement statute.
Covenant and architectural violations are remedied through private civil action — typically an injunction compelling compliance (e.g., removal of a non-conforming structure) or damages, plus any fines and attorney-fee recovery the recorded declaration authorizes. For condos, the association may also levy reasonable fines under § 76-860.
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