Articles
Enforcement in an HOA : Why Consistency is Important
Consistent and equitable enforcement in an HOA and a Community’s governing documents, including the CC&Rs, is critical in creating a balanced, successful Association.
Know the Governing Documents
The first step to consistent HOA enforcement is understanding the Community’s CC&Rs and Design Guidelines. Homeowners should read them thoroughly. Board members must also understand these governing documents. The Community Manager should ensure they are thoroughly familiar with all guidelines. Governing documents may also include specific requirements or restrictions for each unit/lot, and members should be aware of all conditions. This step is essential because each Community’s governing documents can vary greatly. HOA rules, including backyard rules, differ. For example, one Community may allow a 12-foot playground structure. However, your new Community may not permit this. You cannot assume rules are the same everywhere.
Regular Inspections
The second step to consistent HOA enforcement is scheduling regular compliance inspections per the Association’s Governing Documents. Regular inspections will help ensure that items not in compliance will be identified and addressed promptly. It is also essential that an appropriate HOA Fine Policy be established and approved by the Board of Directors. A Board-approved Fine Policy gives the guidance needed to help ensure that all residents follow the Community’s rules and that the consequences of non-compliance are reasonable.
Consistency
Lastly, “consistent” means constantly adhering to the same principles, course, or form. Consistent enforcement requires applying governing documents in every case. Each non-compliance issue should be treated the same, following the Board-approved Fine Policy. A Community Manager should not ignore a clear violation for one week and address it later. This standard also applies to the Board of Directors. They must support the consistent application of governing documents by the Community Manager. Board members should remain objective, even when compliance issues involve friends or neighbors.
Consistently enforcing CC&Rs and Design Guidelines builds trust with homeowners. This creates a foundation for a successful Association. The Community Manager and Board must apply all governing documents fairly and consistently. This approach fosters understanding and strengthens the community.