Condos, Townhouses, Co-ops, HOA

It may come as little surprise that some homeowner association boards fail miserably in rule enforcement, especially in self managed HOAs. Let's face it, confrontation with neighbors is not something most people look forward to.

When rule violations run rampant in an HOA, some Boards turn a blind eye or run for cover. But if this failure to enforce goes on long enough, a reform group often appears to run for election to make a change.

Once elected, big questions arise like, "How do we go about enforcing long unenforced rules?" and "How aggressive should we get?" Good questions.

All rules are not created equal so the Board should focus on those that degrade curb appeal, market values and livability. In the case of planned communities, for example, a homeowner's failure to maintain roofing, paint, fences and landscaping has a direct impact on the market values of neighboring properties. So, issues that impact curb appeal and market value should be a high priority.

Livability issues are important as well. Does the HOA have a problem with, say, uncontrolled pets or loud and rowdy residents? While the police are the answer to extreme behaviors, the HOA can control the less extreme through warnings, and if necessary, fines.

To get a handle on the scope of the problem, the Board should make a list of violations by type and address and then prioritize by blatancy. While all violations should be addressed, focus attention on the big ones with a goal of getting compliance or compromise on all within a reasonable period of time.

To establish the Board's position and intent, a written notification should be sent to all members. What follows is a suggested format which can be adapted to your use:

Dear Members of Nottacare Condominium,

The Board of Directors met on May 15, 2006 to discuss Nottacare rules compliance. In particular, there has been ongoing issues with parking, pets and architectural design issues.

In years past, and prior to the current Board taking office, rule enforcement has been inconsistent. The Nottacare Board is given authority in the governing documents to enforce rules, regulations and policies for the benefit of all Nottacare members. These rules, regulations and policies are designed to enhance livability and sustain all member home values.

To that end, please be advised that the Board will begin regular and consistent enforcement of all rules, regulations and policies effective July 1, 2006 with special emphasis on parking, pets and architectural design issues.

Written violation notices will be directed to the violator (or unit owner if the violation was done by a renter), a description of violation, the corrective action required, the penalty for failure to comply and a right of appeal.

Deadlines for compliance are based on the type of violation. The deadline may be immediate (as in the case of illegal parking) or days (as in the case of correcting an Architectural violation). See a copy of the rules, regulations and policies attached for the specifics.

The Board's goal is to facilitate the best possible living conditions for all Nottacare residents by establishing reasonable standards of conduct and compliance. Your cooperation in this matter is appreciated.

Please don't hesitate to direct your written comments and questions to This email address is being protected from spambots. You need JavaScript enabled to view it. or 123 Easy Street, Anytown USA. All feedback will be reviewed by and responded to within 30 days. We also invite you to attend the next Board Meeting at 7:00 pm on June 15, 2006 at the Nottacare Community Center to express your views on this communication.

Sincerely,
I.M. Encharge
Board President
Nottacare Condominium

Rules in homeowner associations should be few and necessary. When reviving rule enforcement, focus on the ones that truly make a positive impact on value and livability. Treat your members with respect and understanding. Be prepared for compromise if it's in the best interest of the HOA.

For more on this topic, see Regenesis.net Article Archive.

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