HOA COVENANT ENFORCEMENT RULES OF THE ROAD
By Todd Greisen
ovenants, Conditions & Restrictions (CC&R) enforce- ment is considered by many to be the most challenging part of a community manager’s job. Tose who man- age compliance often face negative attitudes from homeowners. Chances are good these homeowners’ perceptions come from a history of bad experience with poorly managed covenant enforce- ment.
C
Te reality is that some owners are rule-follow- ers… some just aren’t. And there are some board members who el- evate themselves above the law, thinking, “HOA rules are for everyone else.”
Enforcement can be fur-
ther complicated by the strong personalities of some homeowners and board members. Regardless of perceptions and personalities, enforcement and compliance comes down to a matter of ethical behavior for all involved, including the manager.
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THE TWO-WAY STREET OF ENFORCEMENT…
Tink of covenant enforcement as a two-way street through the middle of the HOA. Across the lane, it’s paved with CC&Rs, as well as federal and state laws. Tis governance applies to both direc- tions of the street.
One direction gives board members enforcement authority. In the oncoming lane, governing documents and laws protect homeown- ers from enforcement abuse.
Down the middle of the street is a turning lane, where managers must navigate.
Driving in one directio, may be an angry homeowner facing en- forcement fines or potential legal action. Tey may view the cov- enants or enforcement policies to be too restrictive. Or they believe they are being singled out for their violation(s), when covenants aren’t being enforced equally among all homeowners.
In the opposite lane could be board members who lack good un- derstanding of the covenants. Or worse, don’t enforce covenants fairly, as they should. Some boards even pressure management into unethical enforcement, using contract cancellation as a threat.
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