WHO IS IN THE CORRECT LANE?
Some boards drive in “the letter of the law” lane. For others, the enforcement standard is “the spirit of the law.” Neither direction is correct 100% of the time.
As a manager, enforcement conflicts require looking both ways before turning… Start with asking Is the HOA’s enforcement reasonable?
In a court of law, the judge would certainly ask that question. Looking from the home- owner’s lane, ask… Is there a simple misunderstanding of the covenants? Is the owner making an effort to resolve the violation? Should an extension to the deadline be granted?
Above all, consistency is essential. Statistics from case law show that inconsistent en- forcement is among the top reasons HOAs are sued.
With some exceptions granted, all cove- nants should be applied to all homeowners - all of the time.
eral rules can be adopted or changed by a motion and vote of the board of directors – much easier!
General rules also minimize misunder- standings, when categorized in 3 ways…
1. Behavioral – indicating expecta- tions of how residents and guests respect each other, treat staff, and interact with board members.
2. Common area appearance – main- taining the property values of the community.
3. Repair & maintenance – establish- ing a rules for necessary homeown- er repairs.
Consider creating a separate documen, called a maintenance matrix, which is ex- tracted from CC&Rs by the HOA’s legal counsel. It is drafted in a table format with three columns listing all component, and HOA versus homeowner repair responsibili- ties. For example: who repairs leaking water or sewer pipes inside the walls of an indi- vidual condo - the HOA or the homeowner?
JOURNAL THE ROAD TRIP… DRIVE WITH A CLEAN WINDSHIELD…
Te view is not always clear. Few home- owners or board members actually read CC&Rs start-to-finish, let alone have a clear understanding of them.
A brief set of general rules, based on CC&Rs, are more likely to be read by ne, and existing owners. Usually only a few pages long, they provide a simpler reference for covenant enforcement.
Using the HOA’s legal counsel to review general rules minimizes the possibility of contradictions with CC&Rs. In the case of conflict, CC&Rs would always override general rules. Ultimately, federal and state laws supersede all HOA documents.
Amendments to CC&Rs must be approved by a vote of all homeowners. Whereas, gen-
With all HOA covenant enforcement, documenting each stop or turn along the way is necessary. When the spirit of the law dictates exceptions to a rule or deadline, concrete documentation is especially im- portant for the HOA’, and manager’s best legal interests.
Detailed documentation becomes even more critical when a manager is caught in the center lane between the two sides. In extreme cases, it may be better for the man- ager, or management company, to end the relationship with the HOA, if the board re- peatedly abuses its enforcement power.
AVOID HOMEOWNER COLLISIONS!
Well-written violation notices are clear and factual. Details in the notice to the home- owner are critical. Include pictures (if ap- plicable), and list specific covenants or rules violated. Eliminate opinions that will only foster conflict.
Edit the letters with the reader in mind. How would you feel, or what would you
TODD GREISEN, CMCA, CACM, is General Man- ager of Contra Loma Estates HOA in Antioch, CA., a
community of 328 condominiums where he has managed on-site for 12 years.
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