Typically, a condominium owners association’s (COA) and homeowners association’s (HOA) governing documents set broad parameters and restrictions for governance of the community. The association’s documents grant power to community association boards to create and establish more specific rules and enforcement procedures that are tailored to the needs of the particular community. A COA board will typically have a broad scope of rulemaking authority. A HOA board’s scope of authority is typically less.
It is important for HOA and COA boards to review their governing documents so that they understand the scope of their authority and to assess whether the current rules and guidelines are still working for the community. Condominium associations boards and homeowners associations boards should create and establish clear and reasonable rules. Clear rules provide guidance to owners on what is allowed and expected within a community. This allows owners to live in and enjoy their property and the community within the parameters of those guidelines.
Moreover, HOA & COA boards should also adopt clear enforcement procedures and be sure to apply those procedures properly and fairly to all owners of the association. Homeowners Association and Condominium Boards can quickly find themselves in a tough and expensive situation when they try to enforce rules against one owner but has failed to enforce the same rule against a different owner.
Also important is being aware that federal, state, or local law may supersede the rules and guidelines a board has adopted. For example, a board may allow fences to be installed on the entire perimeter of a property, but a local ordinance may require a certain amount of setback from the property line.
Our firm can help with any questions your board has regarding the scope of its authority. If the board has not reviewed the governing documents of the association for quite some time, it may be a good idea to sit down with an attorney and go through a review. Furthermore, we have experience in helping boards create, adopt and enforce rules and guidelines for community associations. Please reach out to us to schedule a time to discuss your HOA or COA board’s specific needs.
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