As a Board Member I’m being told by other Board Members that Board Members should not canvas the neighborhood for violations and then report them to the Management Company. Their reason is that it opens the Board to Legal actions. I thought that was one of the duties of the Board Members is to report violations to the Management company who can then send out violations notices after agreed to by the entire Board. This is in response to parking and pool rules. Members of the Board want to hire outside companies to monitor these items causing additonal cost to members. We only have 112 Units.
I see no problem in board members canvassing the community for deed restriction violations, although I would encourage them to charter a committee to perform that function. The more “eyes” there are, the more consistency there will be in uniformly enforcing the association’s governing documents. If there is a concern about personal liability, consult with the association’s legal counsel, be sure to have both general liability and errors and omissions insurance policies in effect, do not exceed the power and authority of the board as detailed in the governing documents, and always be reasonable, compassionate and empathetic.
What can you do when the bylaws and CC&R’s are not followed?
- Carolyn, Alabama
The Board of Directors are charged with administering the governing documents of an association. These include the State of Alabama Statutes, the Articles of Incorporation, Bylaws, CC&R’s and any Rules and Regulations. Boards are appointed by the developer until the Control Period expires as set forth in the bylaws or the CC&R’s. The board members are then elected by the members of the association. The board should adopt a covenant and rules and regulations enforcement policy that includes a periodic onsite review of the covenant and rules by a committee or management company. The policy should include actions to be taken if a violation is noted. Usually a warning letter setting forth the violation and a period of time to bring the violation into compliance. Additional letters can be sent. Fines, If allowed, can be levied. Hearings can be held by the board or a committee appointed by the board. Ultimately legal action might be required.
Alabama Chapter of CAI