Tag Archives: similar

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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Governance/Board Duties

From time to time you may hear that the board of the association operates in a fiduciary capacity for the homeowners. Or you may read about the board’s fiduciary responsibility in the governing documents. Just exactly what does this mean?

Fiduciary duty simply means the board has an ethical and legal obligation to make decisions in the best interests of the entire association. That’s a small explanation for a very big responsibility.

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CA: Nets pit neighbor against neighbor

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

The city of Davis and Wildhorse have said they are OK with the net. The homeowners association that crafted the CC&Rs has dissolved. Five of the six houses on the other side of the Shumways have similar nets.
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