The backbone of community association operations is founded within the declaration of covenants, conditions and restrictions which sets forth the following.

Covenants: Promises on the part of all members
Conditions: Conditions to membership in good standing
Restrictions: Restrictions on use of property

The Four Classifications

Recognizing the need to create non-discriminatory, uniform policies Feldsott & Lee assists the Board in classifying every conceivable violation into one of the four following categories:

Work in Progress: Occurs when a homeowner has commenced construction of improvements without architectural approval or in a manner which varies from approved plans.
Completed Act: Occurs when a homeowner has actually completed his or her improvement without approval or in a manner which varies from approved plans.
Ongoing Infractions: Occurs when a homeowner is in violation of the governing documents not relating to the construction of improvements. Examples include use restrictions, rules violations and general nuisances.
Dispute Resolution: Occurs when a dispute has arisen between members relative to alleged violations and demands are made on the Board to take remedial action.

Once the violation is classified, the Board can make a business judgment decision as to the proper course of conduct. Alternatives range from a decision not to take any action to fines, arbitration, mediation and litigation. This decision is documented pursuant to Board resolution.

Seminar available on this topic. Click here for more information.

 
   

  
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