Employing Enforcement Strategies with CC&Rs BY LAURIE S. POOLE, ESQ.
It
is not unusual for board members to ask whether they can adopt a certain rule or CC&R provision. However, one of the questions that needs to be asked
is whether the association will be able to enforce that new rule or provision. The ability to enforce an association’s governing documents is as important
The ability to enforce an association’s governing documents is as important as having rules to enforce.
as having rules to enforce. When thinking about enforcement, boards and managers need to remember what the goal is – gaining the member’s compliance. In furtherance of that goal, employing an enforcement strategy is
cost-effective than amending the CC&Rs. Adopting or amending the enforcement policy needs to be done in conformance with Civil Code §4360, requiring that members be provided with general
key.
notice of a proposed rule change.
The first place to start is understanding the
What should be included in the enforcement
association’s scope of enforcement. Review the language in the CC&Rs to be sure the association can adopt rules covering conduct in the common area, as well as actions within the member’s separate interests. Many violations, such as noise, originate in an owner’s home. Ideally, the language in the CC&Rs should give broad authority for the board to adopt rules concerning the entire development, as well as the ability to enforce those
policy? Important concepts include: HOW VIOLATIONS WILL BE REPORTED TO THE ASSOCIATION. Typically, owners and residents report violations directly to the association. The policy should state that reported violations need to be in writing and anonymous reports will not be considered. Other methods of reporting violations can include noting
rules.
violations during “walkthroughs.”
Essential to developing an enforcement strategy
ENFORCEMENT PROCEDURES.
is having an enforcement policy. The policy can either be part of the association’s rules and regulations, or a stand-alone document. It should not be part of the CC&Rs since the policy will contain specific information that may need to be changed from time-to-time. Being able to make changes through the rule amendment procedure
The procedures should include having the board or management investigate the alleged violation, sending notification to the responsible owner(s), imposing discipline, and initiating legal action. Generally, enforcement starts mildly such as sending a “courtesy notice” and increases in consequences if the member doesn’t comply. The
without a membership vote is more efficient and Continues on page 16
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