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Feldsott Lee Pagano & Canfield
Orange County Homeowners Association Law Firm

Homeowners' Association Boards must maintain a delicate balance

Enforcing the rules is never fun since no one likes to be seen as the bad guy. Even when members of California Homeowners' Association Boards want to be more lenient on one homeowner but harsher on another, that is not advisable. If the board is seen as "playing favorites" or being unnecessarily hard on another homeowner, litigation may not be far behind.

Your main duty is to enforce the covenants, conditions and restrictions of the association. All of the members agreed to the conditions that keep them in good standing and agreed to abide by the property use rules. However, that does not mean that a homeowner will respond well when you and the rest of the board must enforce the CC&Rs.

In fact, the HOA board members are often seen as the enemy to many of the homeowners in the association. When you simply attempt to do your job, you may be met with derision and contempt. In order to protect yourself and the board, you need to make sure that everything is well documented and that you apply the rules fairly across the board. Otherwise, you may be facing a lawsuit.

Even when you do everything right, you may end up being sued, but the better you documented the issue, the better off you will be. You can also enlist the assistance of an attorney who spends all, if not a significant portion of time, defending and otherwise assisting California Homeowners' Association Boards. Of course, you do not have to wait until a lawsuit arrives to consult with such an attorney, since he or she may be able to help you understand how to best avoid that from happening in the first place.

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