CC&Rs and rules and regulations

Started by CarolM11 • 5 replies • 1735 views

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CarolM11 (North Carolina)
Posts: 7

Posted:

Our community is in NC. Our by-laws state the board has the duty to adopt and publish rules and regulations governing the use of common areas and facilities and members personal conduct.

Our by-law also states the board is to establish a system of fines for violations of Reservation and Restrictions (declaration),By-laws and Board Resolutions. (This they call the community Code)

Our Reservations and Restrictions state the architectural committee also will oversee that each owner will keep his building site or lot free of tall grass, undergrowth, dead trees, trash and rubbish and property maintained as to present a pleasing appearance. If in the opinion of the architectural committee it is not maintained then the Architectural Committee will send a notice and if not cleaned they will have the work done and bill the owner.

There are many other duties the Architectural committee is in charged of also.

Our Board has combined our rules and regulations and our reservations and restrictions and placed them all in the community code.
Which on several occasions they tried to amend our reservations and restriction but the members stopped them because they had no authority to so .

We have a Property Management who's contract states they are to enforce the rules and regulation and to do site property.

Our HOA does have an attorney but I don't think they have asked them even though it was requested.

My question is the our Board is saying that the office help (hired by the mgt. co.) is going to inspect our private property. I say that only the architectural Committee can do that.

What is your opinion

DouglasK1 (Florida)
Posts: 2,046

Posted:

A management company (MC) works for the association at the direction of the board of directors. Their main purpose is to reduce workload on the volunteer board and committee members and assist the board in other ways. Even though you have an officer called "treasurer", that person does not need to personally handle all of the billing, dues collecting, and accounting themselves, the MC can handle the grunt work. Correspondingly, the board/ARC can delegate work to the MC, which could include include inspecting properties, sending violation letters, and collecting fines. In this case, the MC would take direction from the board or ARC and the board or ARC is ultimately the responsible party. I would hope the ARC closely monitors the actions of the MC, and they may possibly approve any action they take before sending out notices. The next level of appeal would be to the board.

Escaped former treasurer and director of a self managed association.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By CarolM11 on 11/21/2014 5:37 PM

My question is the our Board is saying that the office help (hired by the mgt. co.) is going to inspect our private property. I say that only the architectural Committee can do that.

Duties/Tasks (like physical inspections) can be delegated. The responsibility for having the task done may not be.

Therefore, your Architectural Committee has the responsibility to inspect properties to ensure that they are being kept according to your governing documents. The Committee, through the contract with the MC, delegated (hired someone to do) the actual inspection task to the MC.

CarolM11 (North Carolina)
Posts: 7

Posted:

I do understand we hired the MC to take on some responsibilities our committees did. However our contract states to ensure the rules and regulation are followed. Our by-laws refer to rules and regulations as common areas and members personal conduct. This is where I question private property since it is not in the contract.

TimB4 (Tennessee)
Posts: 21,059

Posted:

rules and regulations would include restrictions, covenants and architectural guidelines.

Perhaps this will help give you some peace of mind: When our Association does inspections, they may only inspect from the common area or sidewalk. They may not enter the property, they may not enter the back yard. They can look over the fence, between the slates, etc. but they may not enter your private property.

Keep in mind that this is for single family homes. Condominiums have different rules.

SheliaH (Indiana)
Posts: 6,964

Posted:

I think having the management company doing the inspection may actually be a good idea to prevent accusations of selective enforcement and to ensure the inspects are done in a consistent manner. The committee can still be in the loop by reviewing the findings and sending the notices, or perhaps re-inspect those areas to see if the problem has been resolved before sending out the notices. The board should be updated with the findings as well and I'd also have the managers time and date stamp the photos of problem areas - those can be sent along with the violation notices.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

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