Enforcing C&R's

What is the job of an HOA? Is it to enforce C&R's equally and fairly amongst the entire neighborhood or is it to solely follow up when a specific complaint is issued? I'm confused on what the right thing to do is. In my neighborhood, we have a very documented complaint process. If someone feels that a resident/neighbor is violating a covenant/restriction, then they fill out the complaint form and send it in. We investigate it and go from there with our process.

The issue we have now is that people are saying we are "harassing" them and they are threatening legal action on us. They say they are being targeted and WE as the HOA are not treating people fairly. However, as the HOA, we do not want to be the police of the neighborhood running around searching out violations. But, should we?

How do you all handle it? Do you wait for a complaint or do you canvas the neighborhood looking for them????

I agree with AnnaD, it's not a good idea for the board to police and/or confront homeowners.

Don't you use a property management co. ?? what about a website where homeowners have the option to report violations or problems to PM or board ???

I'm guessing you live in a single-residence, detached homes subdivision and not a condo or townhome or similar sort of association.

We do not "police" the neighborhood either. Nor do we have a management company that does so. We just don't have the funds for something like that.

Our board has taken the formal position years ago that we will enforce through a complaint-driven process, meaning that we investigate each and every complaint. Granted, as residents, too, we can "report" a violation of we see one, but we do so through the formal process so that we have a solid record of enforcement on ALL COMPLAINTS, if we ever need it.

When a complaint regarding an alleged CC&R infraction is reported, we assign the complaint to a board member to investigate and confirm whether or not an infraction has occurred or is occurring. This is true even in board-member reported complaints. That way we have a record of confirmation of all alleged violations and it reduces the chance that a board member might be accused of "picking" on someone.

Once confirmed, we then DO "police" the resident, to some extent, as we then need to follow the procedure through until compliance is achieved. We send a notice to the resident to request compliance. Our process involves a "courtesy" reminder for the first notice (as some people may not be aware that they are in violation), with a time-bound request for compliance. When the date for compliance has passed, the board will inspect and if the infraction still exists, another letter goes out with a stronger message. If further inspection finds the infraction not corrected, we then turn the process over to an attorney who issues a notice of intent to file a lawsuit to compel compliance.

In all but 4 instances over the last 12 years we receive compliance before a lawsuit is filed. In all the cases where the resident "called our bluff," the court sided with the HOA.

It is not uncommon to hear the resident who was "noticed" of an infraction to be vocal about it. Many invariably make noise about "selective enforcement" and "harassment" and so forth.

But if you have a solid process on your side, if you have good records that show that you investigate EACH and EVERY complaint of alleged infraction, and that you have followed up on those that were confirmed, then all that the resident screams and hollers about is just "noise."

Also, if someone is repeatedly being "reported," there is potential there that a neighbor might be harassing them by-proxy (having you guys send letters, etc), BUT KEEP IN MIND, IF THE RESIDENT WERE NOT BREAKING A RESTRICTION, THEY WOULD NOT NEED TO RECEIVE A NOTICE.

So if the resident does not want to be "harassed," then it might be in that resident's best interest to bring his/her property into compliance.

Heather, bear in mind that replies to a post on this website are opinions from people across the country based on their own experiences. You should check your state laws so that you don't unnecessarily expose yourself and/or your board.

Mary, I find irresponsible for you to use the term "policing" and encourage readers to follow your advise. What you do in AZ does NOT apply to all 50 states.