Embedded Files
Upcoming Events
Upcoming Events
Attend a forum to learn about Home Owner Associations (HOAs), the Colorado HOA Information and Resource Center and to meet the HOA Information Officer, Shanneyvie Johnson. At the forum, helpful resources will be provided along with a discussion of the rights and obligations of living in an HOA community. Topics and locations change monthly.
What A New Board Member Should Know
What A New Board Member Should Know
Being on the HOA Board can be overwhelming if you have never done this type of work before. Learning the basics can go a long way to helping you succeed as a new board member. Your success translates to your association's success.
Welcome To HOA Basics 2019.pptxThe Governing Documents.pptxCovenant & Rule Enforcement
Covenant & Rule Enforcement
Being on an HOA Board is no easy task, and covenant and rule enforcement is one of the most difficult aspects of running a community association. Covenant and rule enforcement is used to create a sense of fairness and equity among residents. A community's covenants are designed to protect, maintain and preserve property values as well as promote harmonious community living
Covenants are inseparable from the property and all owners present and future are subject to the covenants. They are set forth in the Declaration and affect the use and enjoyment of the property. Rules are statements of required behavior or are used to clarify a broad power granted by the Declaration. They tend to be easier to pass or revoke and are more susceptible to legal challenges than covenants.
The combination of covenants and rules in a community association identifies expected behaviors, limitations, and assists in the governance of the community.
There are generally six (6) enforcement options available to the association:
- Fines -Associations are allowed to collect fines provided that they first give the violator a notice of the violation and an opportunity to have a hearing.
- Internal Resources -An association can use internal resources to encourage a resident to follow the covenants and rules, such as suspending an owner's voting rights or suspending the use of the recreational facilities and common areas.
- External Resources - Associations can also use outside resources to help enforce covenants and rules such as the local Health Department, the local Building, Zoning and Code Departments and even the local law enforcement.
- Alternative Dispute Resolution -Associations should have a policy for alternative dispute resolution within their governing documents.
- Legal Action - The ultimate recourse of an association is to seek a civil legal action.
- No Action - The board should exercise reasonable business judgment to determine if and what type of enforcement is appropriate.
Generally, which option is utilized depends on the nature of the violation. Violations tend to fall into one of the following four categories:
- Work in progress.
- Completed acts.
- Ongoing violations.
- Neighbor to neighbor disputes.
Failing to enforce the Covenants and Rules could lead to multiple owners violating the Covenants, lower property values, and even result in lawsuits being filed against the association and/or its members.
Page updated
Report abuse