To most homeowners, their residence is their single most important investment, not to mention their place of rest and relaxation. This is why the board of directors for each community association is challenged with the dilemma of protecting property values while enabling homeowners to have freedom of personal expression. How does the board of directors maintain property values achieved through aesthetic harmony without compromising each homeowner’s vision of home? We’ll examine this perplexing question, which relates to one facet of community association operations: the enforcement process.
Enforcement fundamentals
This threefold exploration will begin by discussing the three documents that govern the enforcement of common-interest developments: covenants, conditions and restrictions (CC&R(s)); rules and regulations; and architectural guidelines.
CC&Rs are recorded governing documents with provisions that are non-negotiable. Legally amending documents to change content is a possibility but can be costly and time-consuming because it requires a supportive vote of the membership. Rules and regulations are adopted by the board of directors and may be modified after the membership has been provided a 30-day period to comment. Architectural guidelines are created at community inception by the builder, adopted by the builder-comprised board of directors and may also be modified by a vote of future boards after the membership has been provided a 30-day period to comment. The membership needs to be notified of any changes within 15 days of adoption.
CC&Rs and California Civil Codes (or codes applicable in your state) should be consulted for procedures relating to amending recorded documents, adopting and modifying rules and regulations and/or architectural guidelines. Reasonable policies should be created and adopted in conformance with the CC&Rs, and they should not be more restrictive than the recorded governing documents. Some CC&Rs contain provisions requiring specific verbiage requesting the attendance of a member at a board meeting for disciplinary purposes, and these procedures should be followed.
Reasonableness should always be considered when adopting and implementing policies on behalf of the community. The reasonableness value will be asserted by a court of law in the event the violation results in a lawsuit; therefore, this principal must be utilized during the origination of each new rule or modification.
CC&R enforcement is non-negotiable unless content is ratified. Depending upon the community composition, a professional management firm representative and a volunteer homeowner enforcement committee (if available) should tour the entire community each week, monitoring the community for policy violations. It is also recommended that one board member serve as chairman of the committee to ensure that the board’s visions and desires are effectively executed.
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Author : Kim Hockings, CCAM
Company : Keystone Pacific Property Management
Kim Hockings, CCAM, is a district manager with Keystone Pacific Property Management in Irvine, Calif.
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