Consistency is Key to Community Success

If there is one aspect of serving as a volunteer Board member for a community association that can be the most difficult, it is covenant enforcement. It's not the process of inspecting and sending letters that is difficult, but the thought that you are, figuratively, slapping the hand of one of your neighbors. Enforcement can be difficult because we see our neighbors on a regular basis and may even be friends. I have heard Board members say things in meetings such as “He's such a nice guy – I think we can ignore that one violation” or “They're going through a tough time right now, so let's let this issue go”.

Board members have the difficult task of wearing two hats: one as a neighbor and the other as a member of the community charged with running a business that is an owners association. It's easy to let the “neighbor” hat get the best of you; however, Board members must not lose sight of their fiduciary duty. Boards take the time to select bids and projects in the best interest of the Association, and the same amount of diligence must be taken in covenant enforcement. Boards must be consistent in their decision making process. Inconsistencies create problems and perhaps, unforeseen expenses for the Association.

Several years ago, I managed a 153-unit townhouse association. During its years of self-management, the former Board turned a blind eye to covenant violations. After a large turnover in Board members, the new Board decided it was time to do something about violations throughout the community, and adopted a “take no prisoners” approach. Although most homeowners were displeased with having to come into compliance, nearly all obliged with only a few exceptions.

One homeowner in particular remained very defiant even after numerous violation hearings and hundreds of dollars in violation charges. After years of violations and subsequent hearings, the homeowner filed a Federal Fair Housing claim against the homeowners association. Fortunately, the association prevailed due to the fact that the Board had been consistent in the application of the governing documents. Had it not been consistent, the Board would have suffered terrible embarrassment and perhaps financial hardship for the association.

Attorneys specializing in community association law have commented that they are seeing a rise in the number of Fair Housing claims filed against associations and their Boards of Directors each year. Remaining consistent in how the governing documents of your association are administered will help insure a positive outcome for your community in the event such an unfortunate situation arises.

If the documents stipulate no camping trailers allowed in the community, make sure you enforce it – even if it's your best friend next door who you play golf with on the weekends. You may end up needing a new golf partner, but it will save you, the Board of Directors and the Association from the consequences of being inconsistent.

Kenny Durbin, CMCA®, PCAM®
Community Manager
Community Group
Richmond, VA