COVENANTS TALKING POINTS
References: Declaration: Articles 9 & 11.1(h), (i), (e)
ByLaws: Articles 4.1 & 5
Article 9 of the Declaration directs the Board of Directors to establish a Covenants Committee in order to assure that the Property shall be maintained in a manner: (i) providing for the visual harmony and soundness of repair, (ii) avoiding activities deleterious to the aesthetic or property values of the Property, and (iii) promote the general welfare and safety of the owners, tenants, households, guests, etc… Only when the Board fails to appoint a Covenants Committee shall it perform such duties.
A Covenants Committee that’s separate from the Board of Directors is a key element to ensuring preservation of Due Process as described in Article 11.1 (i).
In 2020 the Board of Directors exercised its authority, as defined in the By Laws, Articles 4 & 5. It contracted with Diamond Management, LLC. a Managing Agent agreement scoped to enforcement of the HOA Covenants. The Board directed Diamond Management, LLC. to accomplish inspections from the street with no expectation of entering the Property. Diamond Management, LLC. complies with this guidance via drive-by inspections typically conducted every two weeks, from which they send violation notices on behalf of the HOA. Non-compliance issues are forwarded to the Board for resolution, as are issues that require entry into the Lot.
The Board, in the execution of its duties, may enter any Lot without fear of Trespass. However, it’s been the practice of the Board to not invoke this authority without first working with the homeowner towards an amicable resolution.
In Summary, the Board of Directors provides/approves design and enforcement guidelines, while inspection and enforcement is contracted to Diamond Management, LLC. Homeowners may appeal any violation or adverse decision to the Board of Directors as per Article 11 of the Declaration for Carrollton Meadows.