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Posted By KerryL1 on 08/25/2021 8:16 PM
I'm not going to search for empirical evidence but as a realtor in a past life, weed- & debris- free neighborhoods without junked cars in the driveways, all else being equal, sold faster and at a better price than unkempt or "spotty" neighborhoods.
I'm certainly not advocating for abandoning any property standards. I just don't think writing violations should be the primary function of an association. I've never managed a property where the condition of the commons didn't mirror the overall quality of lot maintenance. There will always be people who have to be reminded every two weeks to mow their damn lawn already, but generally - if the common area landscaping, fencing, parks, pools, etc are well maintained the owners will meet that standard.
Granted, the association being able to take proper care of the commons requires setting the assessment rate correctly and not having rampant delinquencies. But then, if you have a massive delinquency problem you have owners who can't afford to take care of their lots, no matter how many letters you send (which was the case from 2008 to 2016 for many communities).
I always do what a board instructs me to do, but I certainly try my hardest to bring them around to my philosophy, which is that the association should serve the membership, not the other way around. We shouldn't sit in front of a house, looking for things to write letters about. A violation is something that makes you tap the breaks and say "yikes!".
We are hard wired to respect rule for no other reason than "It's the rule!" In many ways, this is good- it's what allows society to function. It's why we respect that 70 year old museum docent who asks us not to touch the paintings when really, there are fifty of us and one of her, we could totally overpower her and touch whatever we want!
But the downside of that is clinging to rules that don't make sense, don't serve a purpose, and nobody really wants anyway because "it's the rule!". An example: I once managed a small community whose governing documents required each lot to have a live oak in the front yard. These were tiny front yards. Live oaks would ruin their foundations, plumbing, sidewalks... most homeowners didn't want to have to have a live oak in the front yard. The developer even admitted that he hadn't intended for the docs to say "live oaks" just "oak" - other oak species that would have less invasive root systems would have been fine. But when the board tried to amend the governing documents to remove this requirement, they could not get 67% of the membership to agree because "it's the rule!"
I managed an old, old community whose docs forbade pickup trucks. Now, in the 70s, when these docs were written, pickup trucks were the vehicle of the working man (and the sort of people deed restrictions were originally intended to keep out). Well it's not like that anymore. In Texas, people who have never held a hammer in their lives drive pickup trucks and they cost eighty grand or more. And yet again, changing the documents was a chore because "it's the rule! We must follow a stupid, outdated rule!"
If you cannot articulate a reason for a enforcing a rule other than "it's the rule" it's a bad rule. And, most of the time when owners call me to tattle on their neighbors, they don't actually care about the truck, or the trash can, or the sign in the yard - they care because someone, somewhere isn't following A RULE.