Interpreting Covenants & Rules

I am sure this may be true for every HOA but our HOA covenants have a number of gray areas

Who interprets the gray areas? The Board, a Committee? The Management Company or the HOA attorney?

Did your HOA ever issue guidance on how to stay in compliance?

Thanks

Usually rules & regs. are pretty straightforward, so I guess you're talking about your covenants? I'd seek explanation from the management company because some covenants that may look ambiguous to you might be common and your MC may have seen them or some of them in many other HOAs.

If there still are some that seem "gray," the HOA board would vote to have your HOA attorney write opinions on them. Some may be so common that, depending on your contract with the attorney, could be explained over the phone or via email for no charge or a minimal one.

Are you on the board, Art? What size is your HOA? Can you give the exact wording of two covenants that seem unclear. They might be familiar to some of us.

Your last sentence, Art, is: "Did your HOA ever issue guidance on how to stay in compliance?" This is unclear. Please rewrite with different words. Do you mean does my HOA say HOW to comply with our rules & regs? In our case it's usually built into the rule, i.e., "Residents are prohibited from parking in the Visitor Parking spaces.

This is why a Fining schedule is important to develop IF your HOA has the ability to fine. That is one of the biggest enforcement issues a HOA has. It may have the power to fine but lacks the definition. Let's say it's a violation to leave garbage cans out on the street on Fridays. How do you enforce if it's not defined or given an amount? It has to follow the state laws on fine limits.

Many states don't allow liens or foreclosures to be based on fines. There are some that do allow the person's dues to be applied to fines and not dues. Which then makes it look like not paying dues. It's a practice I do not agree with. However, there those HOA's that do this practice to be aware of.

Grey areas always exist with any laws. The HOA is NOT a law enforcement agency. It also doesn't live in a bubble of protection. So know the limits of the HOA when it comes to actual criminal/animal control issues. Don't take on the squabbles of neighbors as if it's a HOA thing.

Did not read the original post? Wanted to know how to keep in compliance. That takes a fining schedule.

There is more at the end.. Fining schedule helps to black and white issues. Done.

Dang tablet - let me try this again!

The problem with rules (and laws for that matter) is that it's impossible to know if there will be any grey areas or what they are. Sometimes a rule or CCR may be enacted or amended, but create another set of issues no one anticipated. I call Bylaws and CCRs living documents because as we grow and have different experiences, we change and what may have been important years ago no longer interests us. On the other hand, there may be new issues that the CCRs and Bylaws don't address AT ALL and depending on how serious it is, you may have to come up with a new policy to address it.

Take email for example. Years ago, everything was sent by snail mail and it still is, but there are people who get more and more of their information this way or online. We know there have been issues with people receiving all sorts of emails, which is why we have spam blockers, but if a HOA wants to move to email communication, how do you ensure you have the correct addresses or that the right person gets the information? What will you do about people without email - there are still people (like my 94 year old mother) who don't have internet access AT ALL. Those folks are still homeowners, so how do you ensure they get the information while controlling postage and printing costs?

Generally, I say the interpertation starts with the board, since rule enforcement is one of their duties - and you know how convoluted that can get. CCRs can be enforced by one homeowner against another, so if they can't figure out a way to fix their beef, it's off to court and let the judge decide. That's also why I like alternative dispute resolution - sometimes you need an inpartial third party to point out something no one noticed.

Since you're never address every little thing every time, this is why I suggest reviewing documents every 7-10 years to see if something needs updating, added or dropped. The association attorney can help with this and homeowners should be polled to see what they think - you may find no one's concerned about the "grey areas" or a few word changes make everything clear.

Finally, use some common sense - sometimes people will quibble and quibble over a few words and not focus on whatever it is the rules are supposed to address.

I asked a couple of months ago if anyone was aware of any instances where this happened. Theoretically, you're 100% right. I've told other people the exact same thing. I don't think it ever happens and I do wish there were more real-life examples of this occurring because it raises all sorts of gray-area questions on its own.

I apologize for abandoning this thread but life got in the way.

Here is an excerpt from our CR under prohibitions

a. Conversion of any carport or garage to residential use or use other than as originally designed with the exception of conversion of garages by the Developer and Builders for use as sales offices, or use of any garage or storage or other purposes which preclude its use for parking of that number of vehicles for which it was originally designed; and

So the question becomes if you have a 3 car garage and 3 cars but the third bay is the owners personal storage, are you prohibited from parking in your driveway?

Very literal interpretation but this is what we are dealing with.

Next example

c. The following activities are prohibited within XXXXXXXXX …..On-site storage of gasoline, heating, or other fuels, except that are reasonable amount of fuel may be stored on each Parcel for emergency purposes and for the operation of lawn mowers, pool, spa and hot tub heaters, and similar tools or equipment,….

What is reasonable amount given the HOA manages landscaping?

Thanks

For the first example, if I were the CAM managing your association I'd say that the CCRs as posted do not allow for the garage to be used for storage -- ":or use of any garage or storage or other purposes which preclude its use for parking of that number of vehicles for which it was originally designed". However, I do have some concern with the "comma usage" in the portion posted; it leaves a bit of ambiguity as to meaning.

No language about driveway parking other than this

George, actually where does it state it can't be used for storage.

Here is a legal interpretation of "residential use"

What does for residential use only mean?
“The covenant restricts the use of the subject property to single-family residential purposes only. ... “Construing the term residential purposes employing the common and ordinary meaning of the words used, it denotes the occupying of a premises for the purpose of making it one's usual place of abode.

Converting a garage unit involves construction where it would not readily be able to be used for its intended purpose. Storage of personal items in space three of the garage can easily be moved and its intended purpose is readily restored.

This is important, because in California, I believe, the governor signed into law a provision to allow homeowners, including those in HOA's to convert their garages into low cost housing units.

Art asked.

I provided how I would, as a Board member, interpret it.

Before the process went too far, I would get a ruling from the association attorney.

In parts of Florida, the driveway parking is a big deal.

Art,

Please give us a summary of the conflicts ... recall, simply because FS are silent on a matter, doesn’t mean there is a conflict.

Yes, it's very common for a developer to create a sales office in the garage area of the model home in a new community. When that home is sold, the space must be re-converted back to a garage before the new owner closes on the home, no exceptions.