The Three Main Components of Enforcement of the Covenants


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Implementation of the Pact is a key component to living the association. If you are a leader of the association, are you using business well when applying the provisions of the documents governing the association? Are deed restrictions inconsistent application? How will the legislation and implementing regulations?

Good Business Judgement

The houses are extremely personal to the owners. The community association is a company created to maintain common elements and enforce restrictive covenants. It is understandable why there may be dissatisfaction among the two groups. During the development of guidelines for implementing the agreement, members of the Council must consider the impact on residents.

Ask yourself these questions:

Thinking of the whole community and not just a single demographic group in the development of guidelines or standards and enforcement procedures?
How will you respond to the homeowners policy implementation?
What was the intention of the developers in the development of the original restrictions and enforcement procedures?

Uniform

Board members and managers should consider all the circumstances in which a uniform application of the documents governing the association. Remain neutral and refrain from inspecting a specific house or restriction only ignoring other houses and compliance requirements. It is easier to log on pact violations more houses near the entrance to a building or a dead-At the rear of the property. However, be sure to inspect any property, either during the same visit or on a rotating basis so that each section is visited often and regularly.

Besides the frequency, consider all the rules and regulations. Be sure to check and know the conventions before inspections. A restriction is not more important than the last. Weeds, trash cans, pets, and parking violations can be your most common, but are not more important to meet that improper storage of water hoses, building materials or boats. The Board is responsible for enforcing all the arrangements to be settled in accordance with procedures outlined in government documents.

Government Legislation and Regulations

Legislation and government regulations impact the application of single-family housing developments and condominiums. In fact, state and federal laws supersede the association agreements.

For example, the Federal Communications Commission (FCC) implemented OTARD (Over the air reception devices) Rules 1996, which prohibits associations from unreasonably impair the installation, maintenance or use of smaller antennas than a meter, TV antennas, wireless antenna cable, and wireless antennas. This particular rule continues to change and evolve. For more information about the FCC rules, visit: http://www.fcc.gov/mb/facts/otard.html

Other examples of government decisions to ignore the documents of the community associations’ governing the ongoing efforts of federal, state and local agencies to review and implement green initiatives. New laws in some states require associations approved solar devices, outdoor clotheslines and landscaping of the desert landscape. While the new laws may conflict with the conventions of an association, government regulations take precedence and supersede the governing documents of the association.

The application of the Covenant is more than just driving through a community and noting violations. Board members must use reasonable discretion in developing guidelines for their implementation, taking into account the impact on all owners and residents. Board members should put aside their personal feelings and opinions in a uniform manner so they can enforce restrictions in your community write whether they agree with them or not. They should also keep informed of new laws and changes that affect the association governing documents. How? By joining organizations like the Community Association Institute (www.caionline.org) and that your business requires management to assign a manager with the PCAM designation to your community.

7 responses to “The Three Main Components of Enforcement of the Covenants

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