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Feldsott Lee Pagano & Canfield
Orange County Homeowners Association Law Firm

Part of an HOA board's job is to enforce the rules

No one wants to be the "bad guy," especially when they live in the same California neighborhood. However, one of the primary duties of an HOA board is to enforce the rules of the association. This may be an uncomfortable task, but it is also a necessary one.

In order for everyone living in the community to enjoy the benefits the association offers, the rules, regulations and CC&Rs must be enforced. Otherwise, the community could descend into chaos. Every homeowner in the community agreed to abide by the rules when they moved into the area, so it should not necessarily be a surprise when they are enforced.

One thing to watch out for is the need to apply the rules fairly. If the board allows one resident to get away with an infraction while attempting to enforce the same rule on another, it is a quick way to end up with angry residents. Homeowners may also distrust the board if it fails to enforce the rules, and do so fairly. If the board fails to enforce the rules, and enforce them consistently, it risks becoming the target of litigation. Should the board realize that enforcing a certain rule no longer makes sense, it should amend, change or delete the rule instead of ignoring it.

Taking certain precautions in order to keep the HOA board from becoming a target for residents may be beneficial. Boards that are unsure what their obligations are and how best to meet them may find it invaluable to discuss the matter with a California attorney. This step could end up saving the board -- and the community -- unnecessary conflicts.

Source: blog.hignell.com, "Why Enforcing the Rules Must Be a Priority of the HOA Board", Accessed on Jan. 13, 2018

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