Serving on the board of directors of a homeowners’ association (“HOA”) takes a lot of work and dedication. These uncompensated volunteers are responsible for ensuring the smooth and effective governance and operations of their associations. With the possible exception of raising assessments, taking covenant enforcement action against members is one of the least favored duties these individuals are required to carry out.
If you have any experience in the covenant enforcement arena, you know that “finger-pointing” is a favored sport of some violators. Not only will these people accuse the community manager of misleading them or giving them verbal approval, they will sometimes viciously attack directors. They will accuse directors of giving preferential treatment to their friends, fellow-directors and even to themselves. They will also keep a close eye out to see whether directors are violating any covenant, rule, regulation or architectural guideline. If they find even the smallest infraction, they will use it to start a war with the association.
The good news is these finger-pointing violators are few and far between. However, it is essential for directors to be conscience of complying with the governing documents of their communities. This is usually a no-brainer since directors know the governing documents better than anyone. It’s also important to remember that it’s difficult to enforce covenants that you are not complying with . . .