NOT FUN Having to enforce rules.

This is part of communal living that is not fun for Boards. The rule enforcement. How does one muster interests in the Board to do this? We recently had a unit sign a rental agreement for part of the grounds. The agreement was very very clear on what was NOT allowed. Come the event... yes, rules and agreements were broken as well as City/ Fire Safety law.

Board members majority seemed to have the response and rationalized the infractions to the point "it is no big deal" and in turn making those who wish to enforce the rules look like the bad guys.

Its frustrating to have known agreements signed and then look the other way... and then point a finger saying "your making it into something that shouldn't happen".
Idea, suggestions on how to deal with this. An HOA who doesn't enforce it's own rules.. is useless in my eyes.

Is there a way, Nicole, to collect a healthy refundable deposit from those who "rent" the common area that will not be refunded if the conditions aren't met?

That is what we do, but our rules & Regs permit it.

Otherwise, your board needs to call the violating owner to a hearing, using CA due process for such matters, if other directors agree. And if you have a fine schedule, fine them for breaking the rules. But if you can't persuade the rest of the board to do that, well . . .?

Nicole,

Assuming that yours is a residential-only community it is not wise to rent out any part of the common areas for any kind of event. You are not in the business of providing space for events and it is doubtful that anyone on your board has any experience in managing such activity.

Assuming that there are no lawsuits or citations arising from the event, chalk it up as a learning experience. If similar events are planned, cancel them immediately. Let the organizers find a commercial venue for their event.

You apparently have seen just what can go wrong when you open your facilities for an event. The owners and the association as well as the event-organizers all collectively became liable for any violations. If there is a next time, however, I suggest you immediately call the fire inspector if you see any violations. The rest of the board may wake up to their liability when they are called before a judge to defend themselves. Let them tell the judge, "It is no big deal" and see what happens.

What was the problem?

Nicole,

I agree. The problem appears to be your Board and the issue is that they are not helping you and your committee do what you agreed to do. Even when our board agrees with an appeal, the agreement is worded in such a way that the enforcement action was appropriate and proper.

The only way to "deal" with the issue is to gather support and vote the bums out.

Although, we actually had an issue I recall that resulted in a small showdown with the Board. The ARC committee, who had the authority, made a determination (a committee of 5 who agreed unanamously on the issue)that we were sure the Board was going to disagree with. When we presented it to the Board, they started to disagree with the decision. The committee calmly replied that "this ruling was within the authority granted by the governing documents and in the eyes of the committee was proper. If the Board believes that it was not then the entire committee is ready to resign because it appears that the Board doesn't want to comply with the governing documents."

You should have seen the Board back peddle as they knew it would raise an issue in the development and, at the very least, the Board would have to perform the committees duties unless they found other volunteers. In fact, one Board member who agreed with us said that he didn't volunteer to perform both the duties of the Board and the committee and, if he had to, he would resign.

Oh, I get your question now, SG3; you want to know how the "renter" violated the agreement they signed. (I thought you wanted to know why Nicole was hang a "problem.")

Nicole, please clarify. You've visited this site a lot, but remind us whether you're on the Board. Your OP seems to suggest that you are, but I'm not sure.