If you are a board member or homeowner in a HOA, then you may know it can be difficult to manage violations or ARC requests when your governing documents do not specifically identify the parameters of the request or violation. Some HOAs have a comprehensive section of the governing documents that identifies what is allowed or what may be prohibited. However, many times - especially with older or outdated governing documents, these rules can be frustratingly vague.
In the case where your documents are not clear, you may see terms like “unsightly”, “unreasonable”, etc. This creates areas for become open interpretation by both board members and homeowners. These grey areas can lead to disputes and contention within the community.
If you have encountered these scenarios, you know how difficult it can be if there is a disagreement between boards and homeowners. The first place you should begin is reviewing your governing documents for a term called a “board resolution”. Amending your governing document is an arduous process that can be both costly and time consuming, while you may still not succeed in garnering the required quorum or votes to pass the amendment.
However, in some governing documents, there may be a clause saying the board can adopt a “resolution”. This gives the board the ability to specify or clarify sections within the governing documents that are missing or unclear as long as it does not contradict what is written currently. For example, if it isn’t indicated already, the board may adopt specific paint colors, parking rules, fence heights and other rules or regulations that are important to the board or to the community.
Many communities contact Core Association Management with this exact scenario. They are self-managing and want an experienced manager to take over. We review governing documents of every community we manage and help advise the board on solutions to benefit both the board of directors and the community to ease any current disputes. This ensures that homeowners and board members have a clear understanding and directive from an experienced and unbiased 3rd party.
If you are having issues with your self-managed community, or your current management company is struggling with architectural guidelines or violation enforcement, Core Association Management can help. Visit our web site at www.core-mgmt.com/contact-us to learn more. We look forward to hearing from you.