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AnnV1 (Massachusetts)
Posts: 5
Posted:
What is the best way to enforce rules fairly? Do most HOA's do quarterly or annually evaluations and then send out all violation notices through management simultaneously? We are having a problem where one board members sees something crop up she does not believe is allowed and she addresses it immediately herself. It leaves the owner feeling targeted as some other violations seem to go unnoticed. Thanks in advance.
JackieB4 (California)
Posts: 398
Posted:
Most important(IMHO) is to know, understand your documents. Secondly, expect your PMC/PM to properly enfore them. CA is fortunate to have Davis-Stirling clearly defining the codes, with frequent updates...available online. Consistency + honest transparency wins! Member apathy creates the perfect environment for crime! Ignorance ISN'T Bliss!
KellyM3 (North Carolina)
Posts: 2,239
Posted:
Quote:
Posted By AnnV1 on 07/07/2025 12:35 PM
What is the best way to enforce rules fairly? Do most HOA's do quarterly or annually evaluations and then send out all violation notices through management simultaneously? We are having a problem where one board members sees something crop up she does not believe is allowed and she addresses it immediately herself. It leaves the owner feeling targeted as some other violations seem to go unnoticed. Thanks in advance.

If the particular board member "sees a problem," but is incorrect.....that's a problem.

However, I'd say it's heavy-handed for one board member to police the neighborhood, but it's within their privileges to raise issues spotted in the community. I'll say, in my neighborhood, I consider such practices of these "Lone Rangers" to be very annoying.

In terms of fairness, each violation should largely stand on its on. "What about her-ism?" is commonly played but it's up to the HOA as to whether to fall for it.
TimB4 (Tennessee)
Posts: 21,059
Posted:
My previous Association (a town home development) would perform an annual inspection.
This inspection was well published to the members and residents.
Knowing that some violations take time, we set up a three tier system:
Concerns - This is not a violation but something the inspector is bringing to the owners attention.
Maintenance Required - This would be a violation but would require contractors and expense to the owner.
We would allow one year to correct this item. Examples: Roof, paint, fence, etc.
Violation - This would be any maintenance required from a previous year that was not addressed and minor violations.
Examples would be: personal property left out, missing bricks from front stoop, lawn maintenance, etc.
Violations had 30 days to address.

By announcing the inspection dates, most would correct issues prior to the inspection.
The Board would also respond to any complaints received.

Side Note: Inspectors would not enter the property to do inspections. They would stay on common area of public area (sidewalks).
This was due to advice from our attorney who said an owner could bring a charge of trespassing if we (the Association representatives) entered their property if it wasn't an emergency.

In my current Association (single family homes), we do not perform inspections and only respond to complaints received.
AnnV1 (Massachusetts)
Posts: 5
Posted:
I guess I should add that this is a condominium, so most of the rules addressed are things like leaving items in common areas and not structural.
DeanJ
Posts: 1,786
Posted:
Quote:
Posted By AnnV1 on 07/07/2025 12:35 PM
What is the best way to enforce rules fairly? Do most HOA's do quarterly or annually evaluations and then send out all violation notices through management simultaneously? We are having a problem where one board members sees something crop up she does not believe is allowed and she addresses it immediately herself. It leaves the owner feeling targeted as some other violations seem to go unnoticed. Thanks in advance.

Your. HOA should have an enforcement procedure / policy.

1. A home owner or board member makes a complaint.
2. The board investigates the complaint.
3. The board votes to authorize management send a violation letter.
4. The time periods for correction of the violation, request for time extension to correct and appeal right are in the letter.
5. Issuance of a fine after time period expires.

None of the board should discuss the violation with the owner.
MichaelS56 (Minnesota)
Posts: 859
Posted:
As Dean mentioned "The Board" determines the violation. This means that one Board should not being determining and instituting violations.
SheliaH (Indiana)
Posts: 6,964
Posted:
Our community does a walk through once a year with the property manager to see what parts of the common area needs work, and they also note violations and send out notices.

It doesn't sound like your community has a formal rule enforcement policy, so you need to establish one, addressing things like how to file a complaint, community inspections, appeals process, what happens if you don't comply, anonymous complaints, etc.

As for this board member, you may need an executive session to see if this is a matter of her meaning well, but being a little too enthusiastic- or there's beef between her and the owner and she's taking advantage of her position as a board member. Both must be addressed, as the owner may be someone who thinks rules apply to everyone else except him and her, and that too must be addressed.

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

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