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?
In this week’s column, and next week, I address some of the most common mistakes made by homeowners’ association boards of directors.
1. Failing to enforce covenants, rules and regulations consistently and uniformly, or engaging in “selective enforcement.”
The HOA board really has only two functions: to maintain the common areas and elements in the community, and to enforce the covenants and rules of the HOA.
In this week’s column, I address the most common mistakes and misconceptions about homeowners’ associations (HOAs) from the perspective of homeowners. My next column will focus on mistakes and misconceptions of HOA board members.
A reader writes, “In 2008 our president signed us onto a contract with a management company. In 2010, a second president resigned and went into foreclosure, moving without a clue to the rest of the HOA. My boyfriend took over in November 2010, and it’s been heck since. We are in Washington, and the management company hides details of bids from us,…