As a homeowner, you rely on your homeowners association to use rules and regulations to protect your home’s value and maintain curb appeal. But some people allege that HOAs enforce rules unfairly (or not at all) due to favoritism or just a general lack of caring. Unfortunately, most residents don’t ever seem to worry about this issue until they are faced with a problem. But it’s crucial that you understand what exactly you can expect to ensure that you are treated fairly by your HOA. To help you better understand, here is a brief look into how HOAs develop their rules and the steps they take to ensure they are enforced fairly among all homeowners.
HOA covenants, conditions and restrictions
HOAs generally create their rules to protect property values and to meet the established expectations of their residents. All regulations are outlined in the covenants, conditions and restrictions, also known as CC&Rs. Living within the HOA automatically means you are agreeing to follow the rules. The CC&Rs cannot be in violation of any state or federal laws. Other than that, these guidelines can dictate everything from resident behavior to architecture style and homeowner responsibilities.
How are the rules enforced fairly?
Enforcing the rules fairly starts with recognition of the rules by everyone on the board of directors. This shouldn’t be too hard, as the primary reason the board exists is to create and maintain the rules while also taking the necessary steps to make sure each resident is following them properly. By electing the board, the residents implicitly hand their representatives the power to create and enforce rules accordingly. This chain of command gives them full responsibility for the process of governance. It also means they are to be held accountable for their authority and their enforcement. As elected officials, they are aware that selective enforcement could force residents to vote them out of office if they are failing in their duties.
Additionally, the board makes authoritative decisions as a group—not just on an individual basis. This provides a checks and balances system that prevents one individual authority from taking complete control. Any over-the-top attempts at enforcement are generally voted down by the rest of the board of directors or HOA management in Chandler, AZ.
CC&Rs don’t just govern the homeowners—they also apply to the board. This document and the association’s bylaws define in writing the values, practices and conduct expected of the board. They are held accountable by the expectations outlined within the governing documents and Arizona Revised Statutes. Anything outside of the normal policies dictated within the documents would need a required approval in order to lawfully abide with the policies without ever compromising governance. If an outside authority determines the board’s enforcement actions are inconsistent with the policies, they could be at risk of losing their position.
Providing your board of directors with the necessary tools and understanding is a simple way to ensure that all homeowners are treated fairly. Let Tru-Star Management Solutions, LLC help. We provide high quality HOA management in Chandler, AZ to make serving on the board of directors a truly rewarding experience. Call us today to learn more!