CAI Articles: Rules

Guidlines for the Homeowner Forum

Residents are encouraged to attend and observe association board meetings. If you’d like to bring an issue to the board’s attention, you’re welcome to speak during the homeowner forum-a time set aside just for you. So that everyone who attends has an opportunity for a meaningful exchange with the board, we ask that you observe the following guidelines:

Although we’re all neighbors, this is a business meeting. Please behave accordingly.

If you’d like to address the board, please sign in when you arrive. You will be called in the order you entered. This allows the board to contact you if we need further information and to report back to you with an answer. The homeowner forum is an exchange of ideas, not a gripe session. If you’re bringing a problem to our attention, we’d like to hear your ideas for a solution too.

To keep the meeting businesslike, please refrain from speaking if you’re particularly upset about an issue. Consider speaking later, speaking privately with a board member, or putting your concerns in writing and e-mailing them to the board.

Only one person may speak at a time. Please respect others’ opinions by remaining silent and still when someone else has the floor. Each person will be allowed to speak no more than five minutes. Please respect the volunteers’ time by limiting your remarks.

If you need more than five minutes, please put your comments in writing. Include background information, causes, circumstances, desired solutions and other considerations you believe are important. The board will make your written summary an agenda item at the next meeting.

We may not be able to resolve your concerns on the spot, and we will not argue or debate an issue with you during the homeowner forum. We usually need to discuss and vote on the issue first. But we will answer you before-or at-the next board meeting.

What Gives the Association the Right to Tell Me What to Do?

In a nutshell: the association declaration and state law gives the association the authority to regulate some of what you can do in our community. Community associations have a governmental component. Like a city or county government, a community association has a charter-called the declaration. The declaration encompasses bylaws, covenants and other documents that give community associations their legal foundation. These governing documents obligate the association to preserve and protect the assets of the community. To enable the board to meet this obligation, association governing documents also empower the board to make rules and define the process for adopting and enforcing them-within limits. Governing documents also establish parameters for the nature and type of rules the board can make.

State law gives associations the authority to make rules. These are called common interest community statutes, and they apply to condominiums and homeowner associations.

Remember, however, that the board can’t make or enforce a rule that is contrary to the governing documents, local ordinances, state law or federal regulations. Remember also that the board make rules on your behalf-to protect your investment, your home.

You know we have rules to preserve the appearance of the community, protect the value of our common property and our individual homes, and make our neighborhood more harmonious for all. What you may not know is that in some rare instances, the association will waive some rules and regulations.

It’s not a decision the board takes lightly. There’s a fine line between upholding the rules and being flexible as times change and individual issues arise.

If an owner comes to the board and asks us to waive a rule, we consider the individual circumstances, the priorities of fellow owners, whether a precedent is being set and how we’ll document the waiver. The board will carefully review how the rules and restrictions are written and whether there’s any flexibility. The association has to be very careful about granting waivers so that they don’t set off a domino effect.

Some things, like assessments, will never be up for negotiation. The board may approve payment plans or waive late fees and interest depending on the circumstances, but owners must always pay their share of common expenses.

In general though, we understand the need to be flexible when circumstances warrant.

We all live in this living, breathing, changing community, and issues aren’t always black and white. If you think the association should waive or relax a rule, come chat with board members or the manager. We’ll let you know whether it’s something we’ ll consider.

The Role of the Covenants Enforcement Officers

The staff or volunteers you see occasionally walking around the community with clipboards or tablets, are the association’s covenants enforcement officers. They’re inspecting the property to ensure that everything is working properly, that conditions are safe, and that nothing is reducing property values or your quality of life in our community. In short, they’re making sure policies and rules are being followed-from pet behavior, parking and unkempt lawns to improper exterior modifications and more. They field complaints from fellow homeowners and, if necessary, remind you (or your neighbor) when a rule has been overlooked.

The officers report their findings to the association board with photos and detailed notes.

Most violations are easily resolved without board action. If not, the next step is a hearing before the board-we want to hear your side of the story. Those who continue to ignore rules may be fined, or worse. The most serious cases may end up in court, though we try very hard never to get to that point.

The association’s covenants enforcement officers perform a vital function; please treat them with courtesy and respect. If you have questions about the rules, the officers should be able to explain them. The association manager and board members also are happy to listen and respond to your concerns.

When you purchased your home in our common-interest community, you became contractually bound to abide by the covenants that protect the association. Please review them and ensure you are in compliance. You can find them on our website.

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