Tag Archives: enforcing

Adopting & Enforcing Rules

 

Community association rules govern activities in a community’s common areas or activities that affect common elements.  They are enforced by the association board, which is obligated to preserve and protect the harmony, architectural integrity and assets of the community.  Importantly, that can help protect property values.

Adopting rules and seeing...

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Enforcing neglected provisions fairly

Remedies for long-ignored violations

Michael HunterQ. Our HOA has some very specific restrictions. For instance, one requires owners to screen trash containers behind a barrier. Over the last several years, many of these restrictions have not been enforced. The current board would like to begin an enforcement program. We would only require a correction of a violation if we determined that it could be corrected at reasonable cost and limited inconvenience, and we’d give the property owner plenty of time. Is there a statute of limitations that would “grandfather” a past violation and prohibit the HOA from enforcing it? Does the tolerance of violations over many years prohibit the HOA from forbidding future violations of a similar kind?

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