BOD assigned duties

If BOD duties are not specified in the HOA bylaws, does one member have the ability to act on his own? Actually under remedy for a restriction violation, the bylaws state that a "member or homeowner" can act to rememdy the violation... persumably within the law. I serve on BOD of a small SFH HOA. We have no common elements and the restrictions stated in the bylaws serve to continue neighborhood harmony and help preserve property values. One of the restrictions has to do with fencing (ugh, sore subject) which is only allowed along the back side of a property only. The BOD in the past has allowed a height variance and has also approved a request to erect a fence barrier between pool cages. Two years ago a petition was made to change the fencing bylaws at an annual meeting but was voted down by the homeowners.
We now have a growing number of violators and the other board members insist on addressing the issue at the next annual meeting in January. Meanwhile we have had a complaint from a homeowner inferring that these violations be addressed. One board member is a seasonal resident, one doesn't answer emails, one is a real estate agent who feels the fence restriction inhibits sales and the last hasn't express desire to address the issue.
My question is... as President can I write violation letters and send them out without fellow board members approval? Any response is appreciated. Thanks.

Jim,

Seems like as of today, you have a restriction and homeowners are violating it.

(1) Ideally, all boards members would see that there is a restriction in place and writing violation is automatic. So, this should allow you to write violation letter. But.... see (2) below

(2) you have a board member (real estate agent) who may not agree with the restriction. So, it is possible that he/she may not approve of the violation letter. You need to think about what would happen if you send the violation letter....the homeowner somehow talks to this board member....and the board member disapproves of the letter. Now, you have discussion at hand.

(3) A homeowner may request to address this issue. But, that doesn't mean that you have to address it right away. It is fine to say that the board has decided to address it in the annual meeting in January. Yes, the originating homeowner may be unhappy. But, if you don't have full support of the board in writing the violation letter....you are setting yourself up for bigger conflict later on.

(4) You could send a reminder to homeowners about the restriction. Inform them that this will be discussed by board in January. If the board decided that restriction is valid and people are in violation, fines will be levied. So, homeowners are taking risk. They would do better by holding back on their fence plans until January....and come to the meeting to voice their opinion.

Hope this helps.