enforce covenants in IDAHO

"The courts have ruled in our state that the actions of a previous board (example: not enforcing the covenants) do not prevent the incumbent board from taking action to enforce covenants, regardless of how long the infraction has lasted. Maybe that is something you could get into your covenants and bylaws."

Im wondering if anyone in Idaho can add light to this? Is this ok on our state?
Chuck

Chuck, I keep reading your post and you state "The courts have ruled in our state that the actions of a previous board (example: not enforcing the covenants) do not prevent the incumbent board from taking action to enforce covenants, regardless of how long the infraction has lasted”

I have read this in many, previously written responses. I would suggest taking a look at the Community Associations Network (National HOA Reference Library). This link can be found on the right side of all the response you receive. Here you can select the state from the drop down bar. I hope this helps you out. It’s all new to me, right now.

This is one of the topics; I have found to be very controversial.

If the violation doesn’t affect the entire community, I would just let it go. The current board members are in position to act in the best interest of the entire community. Send the violator in question a violation letter, expressing to them that they are in violation and they will have x number of days to comply or they will be fined. You can then be very fair about this. Informing the homeowner that if they submit a proposal for the changes, the ARC (architectural Review Committee) will look at your plans and approve it or not. That way you can be as fair as needed.

Keep in mind if you go this route. You tend to open up a whole other can of worms. Now who is going to pay for the cost in the removal or replacement of such violations? I have heard that the homeowner would be responsible for this but; that doesn’t seem fair, too me.

Chuck W.

Im more looking for the broader coverage for the issue.

I think I need to explain a little further. In the past the board has successfully transitioned from the builder , the have built up a small reserve and now the old board is burnt out. It is a 5 member board and 4 have already left. I am one of the new blood and just getting my feet wet. My second meeting I was made "Drafted as" Sect/Tres.

The old board has had alot on its plate, now enforcement is becoming a focus area. This is not been true in the past. We now seem to have an ok process in place to discover and correct violations. Communication could be better, and since enforcement has not been even effective int he past its kinda looks like russion roulet from the homeowners side.

We need to start slow but deliberate with the community behind us.

We need to improve this total process for the community, but protect the community at the same time. There is a great article at http://www.meeb.com/current_alert2.htm the we need to cover also. ( A comment from a homeowner last week has kinda stuck with me)

If we looked closely at each home there probably is a small violation at each one. (mine included I have a 1 meter satellite dish). We need to 1 either correct the violation, or 2 not make the violation a violation.

How to do do this is where im researching? and general info is great.

Thanks for the quick response.

CHuck

CHuck, I hope your OK process to discover and correct violations includes setting reasonable and legally enforcable "Rules and Regulations for Enforcement of Restrictions"; and these have been distributed to all owners. If not that is the next step. And the owners need to be reminded from time to time - a newsletter is a great vehicle for including these reminders.

Usually the By-laws state that failure to enforce a violation in the past does not prevent enforcement in the future. If this is not in your By-laws you can amend them to add it. For violations which have existed and been known for over a year forcing changes in violations may not be possible.

With regard to enforcing past violations these should be handled on a case by case basis. As for your satellite dish I would seek approval for it or else move it to be in compliance with the 1996 FCC guidelines.

Your comment "We need to start slow but deliberate with the community behind us" displays an excellent start.

Chuck,

Check out the following FCC link regarding satellite dish installation:

http://www.fcc.gov/mb/facts/otard.html

Basically, placement on areas designated as common space can be limited.

"The rule does not apply to common areas that are owned by a landlord, a community association, or jointly by condominium or cooperative owners where the antenna user does not have an exclusive use area. Such common areas may include the roof or exterior wall of a multiple dwelling unit. Therefore, restrictions on antennas installed in or on such common areas are enforceable."

I suggest reading the FCC ruling in it's entirety, several times.

As for starting slow, I'm sure what you mean is to methodically communicate the policies to all the owners, rather than to begin enforcement upon one or two owners and proceed to the rest. If the later be careful, sometimes owners cry discrimination, and claim they are singled out when enforcement isn't applied to all at the same time.

Your suggestion to give 6 months to a year for all corrections to the rules (once established or re-established) is very reasonable. Especially since you basically say that Idaho Law does not grandfather anyone.

Best of luck!!
GeraldT1
NNJ

CharlesA,

To me there does not seem to be anything to interpret by the the courts ruling that the actions of a previous board (example: not enforcing the covenants) do not prevent the incumbent board from taking action to enforce covenants, regardless of how long the infraction has lasted.

If I had the court ruling sighting same, I wouldn't spend association money on an attorney's interpretation. I'd enforce the law and my ability as a board member to do so and not permit anyone to be grandfathered since it's unfair to everyone when some don't have to comply with what everyone else has to. But that's just me.

Best of luck!!
GeraldT1
NNJ

Wow most excellent Link. Thanks.

Chuck