Tag Archives: arbitrary

FHA backing becomes silver bullet for some condos, headache for others

News items of national interest regarding Condominium and Homeowner associations, compiled by the Community Associations Network

Some see Federal Housing Administration condominium re-certification as a great tool to move units in a stagnant market. Others complain about opaque and arbitrary rules governing decisions as to which projects get recertified.
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Selective CCR Enforcement

If you’ve served as a member of a community association’s Board of Directors for any length of time, chances are you’ve heard the term “selective enforcement” when you have attempted to enforce the covenants.  There is good reason for this:  the selective enforcement defence is one of the most commonly used defenses to a Board’s covenant enforcement action.  There is much misunderstanding among Board members and homeowners as to exactly what selective enforcement means.  The purpose of this article is to provide an explanation of the underpinnings of the selective enforcement defense and to provide some guidance for insuring that your Board’s decisions can withstand a selective enforcement challenge.  

A Board has a duty to enforce the covenants of a community in a proceedurally fair and reasonable manner.  The defense of selective enforcement arises when an owner argues a Board breached this duty.

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