Enforcing covenants of an association is one of the most difficult jobs a board of directors must embark upon, while at the same time being one of the most critical functions of the board. Most declarations of common interest communities specifically state that the purpose of the association is to protect and enhance property...
Most of the time difficult situations that arise during a meeting can be resolved on the spot, but occasionally, “fatal flaws” arise: those few errors or situations that arise that cannot be fixed at that meeting.
Q: I live in a townhouse complex. Neither our bylaws nor our Covenants, Conditions and Restrictions mention anything about fines for violations. Now our board of directors has decided to adopt a set of “rules” which they plan to enforce by levying fines for violations. Is this legal?
It is not unusual for owners at an annual homeowners meeting to make motions about issues that aren’t listed on the agenda. For example, a motion to amend the bylaws. Or, at a special meeting called to amend the bylaws, an owner might make a motion to recall the board.