Successful Enforcement of Covenants, Rules and Architectural Standards/Guidelines

I. INTRODUCTION

A.   Community associations use covenants, rules and architectural standards/guidelines to:

  • Maintain, preserve, enhance, and protect the property values and assets of the community
  • Promote harmonious community living
  • Preserve the common scheme and harmonious design of the community

B.   Covenants and rules and their enforcement are essential for community associations for several reasons:

  • There is the need to create a sense of fairness and equity among residents (owners and tenants).
  • In contemporary society, people are more likely to question and challenge authority.
  • In cases where rules have been poorly developed or enforced, the courts are ruling against community associations.

C.   Authority to make and enforce rules rests with the board of directors of the association. But the association manager is expected to:

  • Give the board practical, technical, and administrative assistance in developing and enforcing covenants and rules
  • Maintain records which can furnish legal support if board actions in adopting or enforcing rules are challenged

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