Rule Enforcement For An HOA: 'LIVE' Broadcast

Your homeowner’s association Board has a duty to reasonably enforce the covenants and rules, and to avoid risking liability to the Board, its committee members or to the entire association. At the same time, Board members are residents of the association, live there, and are friends with many within their association. Unfortunately, enforcing those rules may be interpreted as a personal attack, foster disharmony with other neighbors and polarize the community on two sides. As a Board member, your leadership can either disenfranchise your association or bring it together. 

Enforcing the association's rules can cause destructive emotional conflicts, but understanding the two most important, fundamental, undercurrents of owning a home are necessary. They are:

1. It is my land, and nobody can tell me how I can use it.
2. The use of one's land affects the association, and the rights of subsequent purchasers.

Violators can become very emotional and passionate about their belief, and can become unreasonable about the enforcement action taken. Moreover, compliant neighbors can become emotional about the lack of enforcement taken.

Why Have Rules

• To protect property values and the assets of the community
• Required by law and are agreed to when one purchases a property within an association
• Legal Obligation: A Board and its individual members are considered agents of a corporation and are liable for the actions their nonprofit organization; in addition to, the entire association may have to bear the burden of any financial penalty imposed in the form of increased assessments
• To avoid court rulings against the association and expensive legal fees for poorly developed or enforced rules
• To promote community harmony and to facilitate a compliant community culture.

Violators can be lumped into four categories:

• Uninformed homeowners: Are frequently first time homebuyers who are not familiar with the HOA concept, to experienced, but apathetic homeowners, to culturally diverse communities where knowledge and language barriers compound issues. Use educational opportunities such as a welcoming brochure, emails and a website to inform
• Procrastinators: Homeowners who delay taking care of the concerns or never get around to resolving the issue. Use enforcement procedures as outlined in your covenants, and be persistent.
• Hardship cases: These violators are often willing to remedy the violation when they understand the escalating costs of enforcement and that the association may be willing to waive the fines for compliance and/or arrange a payment plan. With reasonable notification that results in no action, it may be possible that there are other circumstances beyond the HOA violation. 
• Defiant homeowners: A threatening initial communication will often result in a defensive and threatening response. Attempt conflict negotiation and be diplomatic at all times. Follow enforcement procedures and try to prevent escalation. If your HOA has an association manager, ask them to mediate the situation. 

In all situations, the association should, first, open the door to establish communications and second, to express a desire to work together to address the issue. The end result should be to foster understanding, so that the association’s culture is harmonic. 

As a professional association manager, MGM Association Management, a 20+ year veteran of homeowner associations, has had its share of confrontations. Because of this, MGM has chaired, negotiated and refereed numerous issues involving HOAs, and they invite HOA Boards and their homeowners to participate in monthly educational seminars. This month, HOA Enforcement, will be on May 12th at 4:30 pm MST.

Please join the meeting from your computer, tablet or smartphone.

https://www.gotomeet.me/MikeMadson/monthly-seminar

You can also dial-in using your phone.

United States: +1 (646) 749-3131

Access Code: 508-046-205

For more information, contact MGM at (208) 846-9189 or visit www.gomgm.com.