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WilliamS1 (South Carolina)
Posts: 113
Posted:
I am a new member on our board of directors. We have had a neighbor complain about basketball goals in drives overnight, which is agianst our covenants. The manager told the homeowner that the board does not actively enforce this rule, because many people enjoy them, there have not been any complaints.. until now.

What should the HOA do? It requires 75% to change a covenant which is next to impossible in our mobile community. We have only had two amendments in 20 years and they were fairly straight forward. Thoughts?
BrianB (California)
Posts: 2,820
Posted:
enforce the covenants. Everyone agreed to them when they bought and signed their contracts, and as a board member, one of your duties is to enforce the covenants fairly.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I went through this myself. The solution was that I moved the goal to the common area across from an existing goal from developer times. It provided a safe place out of the way and without putting anyone in danger/subjected to damage.

Why not look for a place in the common area but keep the goals? Since your HOA isn't exactly enforcing the existing rules why not compromise and keep one for equal access? The HOA can make it's own rules the majority of owner's want to agree to. I wouldn't be gung ho in changing documents if this is something that can be handled openly and above board.

Former HOA President
TimB4 (Tennessee)
Posts: 21,061
Posted:
The proper thing would be to enforce the covenants.

I understand that the board chose to ignore this covenant. That worked until someone complained. NOW the board has the responsibility of enforcing something that they haven't been enforcing. This is sure to cause an uproar in the community.

I would recommend that the board begins by advising the membership of the Boards responsibility to enforce this covenant. They should remind the membership that they are contractually (as the CC&Rs is a contract) required to comply with the covenants. Then they should announce that enforcement of this covenant and all other ignored covenants will commence on mm/dd/yyyy. This way, people have been warned.

Many people do confuse rules, covenants, standards and guidelines. However, they are very different things.

Rules apply to the common area.
Covenants are things within the CC&Rs that members are contractually obligated to comply with.
Standards clarify ambiguous areas of the CC&Rs.
Example: CC&Rs say property is to be maintained. A standard might indicate you may only have x% or less of weeds in the yard for the Association to consider your property being properly maintained.
Guidelines establish criteria that the approving authority uses to approve/deny requests for exterior changes.

Many will say that there is a violation of a guideline when in reality there would be a violation of failing to get approval for the change.

If you care to share, what is the language of the exact covenant that is being violated?
LarryB13 (Arizona)
Posts: 4,099
Posted:
The board has a fiduciary duty to use the association's funds prudently. Unless there is language in either your community documents or your state laws to the contrary, the board is not obligated to blindly pursue every report of a violation. The board gets to choose which battles to fight.

Most CC&R's permit individual owners to take legal action against other owners to compel compliance. Advise the complainant that at this time the board chooses not to act but that he/she is welcome to pursue a remedy on their own. Once they find out what it is going to cost them, the complaints will end.
TimB4 (Tennessee)
Posts: 21,061
Posted:

Larry,

I was all set to disagree with you. However, I reread my own governing documents and discovered that you are correct.

Based on my own governing documents, the CC&Rs give the Association the authority to enforce but they are not required to enforce. That's the technicality of the language.

However, most members expect the Association to do the enforcement and ignoring complaints of possible rule violations will probably lead to unexpected consequences.

WilliamS1 (South Carolina)
Posts: 113
Posted:
You all are awesome. I really appreciate your answers.

I will have to dig into our ccr and bylaws to see if our board has that right to not enforce.

KellyM3 (North Carolina)
Posts: 2,239
Posted:

I don't think it's unreasonable to tell home owners to move their portable goals during the overnight hours. It's restricting use of the goals. Enforce it.
BradP (Kansas)
Posts: 2,640
Posted:
William...we had the same issue and we changed the covenant. The folks who wanted the goals in the front were very instrumental in going door to door to capture votes.

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