Ask the Expert

Marjorie Jean Meyer, CMCA®, PCAM®
Vice President and National Director of Education and Certification
ASSOCIA

I am a new trustee of my condo association. There are about 9 other trustees. They have made a decision that I believe is ethically and quite possibly legally wrong. A jury trial concerning this issue is soon to commence. I think that great potential harm to the entire association can result and I want to alert the other condo owners about the issue before it goes to trial. The other trustees do not want to send a letter. Should I send a letter to the other owners on my own as a trustee or should I resign first and then send a letter, or not send a letter at all and let the case go to trial and let the chips fall where they may? What is my ethical responsibility?

- Sidney

Homeowners living in community associations elect board members to represent them in the most ethical manner possible. It sounds like you already have legal representation for the pending litigation; I urge you to talk with the association's attorney regarding your concern about not informing the homeowners of the direction the majority of the board has chosen. He or she should have better insight than I of the issues and provide you with a specific legal opinion regarding your and your colleagues' fiduciary obligation to the association members.

If the attorney is unhelpful, you should consider retaining the services of your own legal counsel -- one who is familiar with fiduciary obligations and community association law -- to help you decide whether or not to inform the homeowners and, if so, the appropriate timing for the disclosure.

Sincerely,

Margey

Overstepping Its Authority

I have lived in ******, Texas for 16 years and I paid a lot premium for my property to have this wonderful view of the park, lake, and fountain across the street from my home.

I just learned that a restroom facility construction project has broken ground only 70 steps in front of my home, and will obscure my view of the park and lake. We already have a Beach Club bathroom facility located 110 steps across the street from this site. The HOA Board tells me that they believe this convenience is needed for mature folks and small children unable to walk the distance to the existing facilities.

This and other construction totaling several hundred thousands of dollars has been approved by our Association Board (which has just attained Class "A" status), without notice to the neighborhood residents and/or a vote of the homeowners. Our By-Laws do not explicitly grant the Board a power to authorize capital additions without a vote of the homeowners, and the overall themes of the Protective Covenants and By-Laws seem to be focused on powers of maintenance, repair, and upkeep. Is it a standard practice for a Homeowners Association to have such unfettered authority for capital improvements without homeowner involvement?

- Darrell

Most governing documents and state statutes limit the authority of community association board members to expend significant funds or change the common elements without a vote of the owners. I suggest you review *******'s governing documents and Texas statutes regarding community associations to determine if your board is overstepping its authority. You can access the Texas Legislature and existing laws by clicking "State Resources".

Sincerely,

Margey

Motions & Voting

Hello, my name is Lydia ***** and I am the President on the Board of Directors for the ******* Association. My questions are these:

1. If there is a full quorum of Board Members in attendance during our monthly meetings can an Association member, (not a Board member), from the audience make a motion?
   
   
2. Can a President vote? I've heard yes and no and I would like clarification on this matter.

Thank you for taking the time to read this. If I could just be directed to where I might find the answers to these questions it would be of great help.

- Lydia

I can only give you general responses to your question because some states now have laws regulation community association board meetings. Click on "Links and Resources" then scroll down to "State websites", you should be able to determine if your state is one of the few that have promulgated such laws.

Typically, when owners elect representatives to the board of directors of their homeowners association, they are delegating their operational voting and discussion rights to the board. So, when the board meets among themselves, they are conducting the business of the association and have the sole say in determining policy and direction of the association. Many boards provide a "homeowner forum" either before or after the meeting, but once the meeting convenes owners are welcome to listen in but not to speak, especially to make a motion. The owners' opportunity to make motions and discuss issues is at the annual meeting, which is a meeting of the membership, as opposed to board meetings which are focused on board decision-making regarding the operations of the association.

Yes, presidents of the board certainly have the right to vote and should exercise that right. For more information on parliamentary procedure click on "Links and Resources", then scroll down to "Parliamentary procedure".

Sincerely,

Margey

No Board

I am a board member in a HOA of 36 units in planned development townhome community in AZ. ( Built 1994) There are 3 board members -- one who is finishing her term and moving. The other has decided to resign since the property manager did not renew his contract and she cannot assume that much work. The complex is investor owned 26/36--and the other owners are elderly.

No one will agree to be on the board -- for Fraility/distance etc reasons. We have little funds and have been unable to find a new manager. That would leave a board of one -- obviously not possible.

What happens to an HOA in this situation -- no board. Would any homes be sellable under these conditions? Help! Appreciate your comments.

- Carol

I urge your remaining board members to call a meeting of all the members to review options and consequences of failing to have a full board of directors representing them. Inviting and paying for an attorney to attend the meeting to convey the serious legal issues relating to inadequate leadership would be appropriate.

If homeowners do not have the time or inclination to serve on the board, it's time to hire another management company or credentialed manager to do most of the administrative work, leaving policy decisions to the board. If enough homeowners volunteer to support board activities by doing some of the investigation and legwork, the time demands of the board may be lessened to the extent that more owners will have the time to serve as directors.

While your homes may still be "sellable", it's quite possible that property values will plummet without a strong board that constantly monitors the physical and fiscal condition of your community.

Sincerely,

Margey

Oath of Office

Our new president instituted - on his own - an oath of office for all board members. This sounds excesssive and, in fact, I would think the association documents would have to be modified to permit such an oath.

- Michael

Community association board presidents typically have latitude to institute administrative procedures such as an oath of office. I must admit that I like the idea of new board members being presented with a document that defines their role and responsibilities as a volunteer leader in their community. However, if the oath is unreasonable or inappropriate, then I would suggest that the board work with the president to promulgate a resolution that is more suitable.

Sincerely,

Margey

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Minutes - Reading

If an association holds both an annual and a semi-annual meeting, should the minutes of the annual meeting be read at the semi-annual meeting and vice versa, or should the minutes be confined to their respective meeting?

- P.

Typically, the semi-annual meeting of members is more an informational forum, unlike the mandated annual meeting at which board members are elected and the official business of the association is conducted. Therefore, the annual meeting minutes would only be approved at the next annual meeting. However, many community association attorneys are now advising their clients to consider forming an “Annual Meeting Minutes Committee” before adjourning the annual meeting. The association members would vest in this Committee the authority to approve the minutes of the annual meeting as soon as they are drafted, rather than waiting twelve months to present them to the membership, many of whom would have already forgotten what transpired and some of whom became owners subsequent to last year's meeting.

Sincerely,

Margey

Bank Accounts

I am a homeowner in a small- 8 units condo building in Sothern CA. One of the past officers of the HOA (treasurer) placed a large reserve funds amount in his personal account with the verbal permission of the president at that time, with the only purpose of getting a better bank interest rate (for about 6 months); the funds stayed in his personal account without being used for 6 months; then the funds plus interest were transferred back to the association account with no penny missing; the board was simply looking after the funds with no personal interest; the current board and in particular the current president (who has a vendetta against the prior board) is threatening the prior board members to sue for fraud and theft. Is this possible? What is the penalty for doing something wrong in error (without knowing you should not use a personal account)? Are the prior board members covered under the “errors and omissions” law? Please help! Thanks.

- CG

The board and association members are very fortunate that the treasurer did not abscond with the funds. Under no circumstances should common funds be placed in an individual's personal account; after all, how much of a difference in interest could be earned in six months? Enough to pay legal fees if an owner challenges the board action?

Association funds must be kept separate in a bona fide banking institute or other venue approved by the governing documents. The association should be covered by a fidelity bond to protect the common funds from theft. Please use our Search function for articles regarding safety and investment of association funds.

Sincerely,

Margey

Can you recommend a source here in eastern PA to contact for reserve study to be done? Thanks.

- Craig

There are several reputable and respected national engineering and consulting firms that conduct reserve studies. Go to the Community Associations Institute (CAI) website for a list of Reserve Study Specialists (an "RS" designation).

Sincerely,

Margey

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Recently a few owners in our subdivision sent an email stating they were going to meet regarding creating our HOA. I stated that I had just had a baby and would like to vote by proxy or be on conference call (as well as 2 other lot owners who could not make it in person). Our CCR'S states that they must allow proxy vote or conference -- neither was provided. After the meeting in which 4 home owners attended, which did not constitute a quorum - they needed 40% and had just over 30% they stated that they had formed the HOA and voted in officers and a board. I stated that they didn't not have a quorum (per the CCR's) and they stated that they didn't care and filed the paperwork with the Secretary of State and are now hiring attorneys and conducting business as the Officers and Board of the HOA. Can they do this??

- M.

If the members of your subdivision created a homeowners association without complying with state criteria, none of the actions was or will be valid. It sounds like those of you who disagreed with the HOA formation should get together to collect funds to pay for an attorney knowledgeable in your state's community association law to determine what recourse you might have with regard to challenging the formation of the association.

Sincerely,

Margey

Can an HOA insist that they will only deliver HOA documents, which the owner needs to provide to a prospective buyer, over the Internet? Can they refuse to give an owner a hard copy of these documents? Thank you!

- Uli

Using the Internet for delivery of governing documents is a 21st century solution to an age-old problem of timely conveying necessary, time-sensitive material to prospective owners.

Sincerely,

Margey

What is the difference between a PROPERTY MANAGER and a COMMUNITY MANAGER, if any?? Thanks Tons.

- Ben

A Property Manager typically controls the maintenance of commercial, industrial or for-rent residential property. A Community Association Manager must defer to the board of directors of a community association and does not have ultimate control or responsibility over the common elements. Community Association Managers do a lot more than just manage property, however; they are like the conductor of an orchestra, bringing together the different musical pieces that relate to law, accounting, engineering, psychology, enforcement, legislation, design and other professions so that the board can make informed decisions which the Community Association Manager implements.

Sincerely,

Margey

I recently moved to a 91 unit condo development and I have extensive experience in Association declarations and insurance policies. I am not on the Board. I am the only owner that has seen or read our insurance policy. Really!!!

Our Declaration describes a UNIT as "bare walls". Our insurance carrier/agent tells the Board that we have an "All-In" policy, but will provide anything in writing that says it is an "All-In" policy. Our NC Condominium Act describes a UNIT the same as our Declaration. I contend that to have an "All-In" policy, the Declaration needs to be amended. The Board is willing to take the verbal word of our insurance agent that our policy covers every upgrade made by every owner without anything in writing. This is an upscale development with units selling from $400M to over $1,000M. Some of the upgrades could exceed $500M. Many of the owners have only the deductible amount of $2500 coverage for their HO Policy.

Please advise if I am correct that we presently do not have an "all-In" policy and that we need an amendment to our Declaration to obtain the coverage we think we have.

Concerning an amendment, where can I find the language that makes a policy "All-In", not that I would write the wording for an amendment. I assume that an attorney should do this. Thank you very much.

- Leon

You are correct in believing that the association may not acquire insurance coverage other than that which is specifically described in the governing documents. However, if there is language in the documents authorizing the board to contract for whatever coverage the directors determine appropriate and necessary, and establishing minimum instead of absolute limits and extent of coverage, the board may indeed be empowered to determine what kind of insurance policies to purchase on behalf of the association.

As you know, the insurance premium as well as the insurance agent's commission is based on the total insured value of the condominium development. Consequently, the agent may not be the most impartial expert when determining the type and limits of insurance coverage. I urge your board to retain the services of a competent attorney to determine if the directors have overreached their authority with the "all-in" instead of bare walls policy. If the board is hesitant to obtain a legal opinion, there's no reason why you couldn't consult with your own legal counsel on this issue, and convey your findings to the board.

Sincerely,

Margey

I am a trustee for a 16-unit condominium in Boston, MA. Our property manager recently purchased what he calls "if any" workers compensation. I believe this is an additional insurance policy to cover workers compensation claims. Is this type of policy standard for condominiums? What is the approximate price to cover a condominium of this size in Massachusetts? Thanks.

- Don

I encourage all associations to have a minimum value workers compensation policy. In the event an employee of a contractor hired by the association to perform work on the property is injured and the contractor does not have workers compensation coverage, the worker could file against the association's general liability policy. If he files a lawsuit, any judgment or settlement could exceed the limits of coverage of the liability and any umbrella liability policy. However, if the association has a minimum value workers compensation policy, the injured worker would be covered, although the workers compensation underwriter would then conduct an audit of the association's records to determine what additional premium the association should remit, based on amounts paid to uninsured contractors.

Every association should require all contractors to provide an original Certificate of Insurance mailed by the insurance agent directly to the association to prevent fraud, verifying workers compensation and liability coverage. However, the small premium for a minimum value workers compensation policy is well worth the association's investment to protect it against those "what if" scenarios.

Sincerely,

Margey

I serve on the Board of Directors in a rapidly growing community in Mississippi with approximately 900 members. After 2-3 years of litigations (the declarant sued our association over two different matters), mediation recently resolved the issues. Now, however, the declarant is unwilling to put his money into common areas of newer areas that are his responsibillity to develop. As an example, green space in a newly developed subdivision and a 10-acre park in another area were recently deeded to our association without the declarant doing any improvements. It will require several thousand dollars for our association to make these areas suitable for usage.

• Does our association have any recourse in forcing the declarant to do his part to clean up and improve the areas?
• Does our association have to accept undeveloped properties when the declarant deeds it over?

Any assistance you can give will be most appreciated.

- Lynette

The builder/Declarant is legally obligated to provide whatever was described in the Information Statement or state-mandated disclosure form that was conveyed to you either before you purchased your home or when you settled the purchase. If the disclosure material described the green space as "improved with landscaping" but did not provide drawings as to how much or what kind of landscaping would be done, then it would be difficult to sue him for specific default.

With regard to the association's obligation to "accept" the deed from the developer, unless there is a provision in the association's governing documents or state statutes empowering the board to reject the transfer, there probably is no legal means to prevent the conveyance. However, only an attorney can provide you with a definitive answer to this issue.

The best way to avoid miscommunications -- or deception -- is to hire a good attorney to peruse every single piece of paper you receive before making a down payment or closing on your home to ensure that there are no misunderstandings about anticipated amenities and common areas.

Sincerely,

Margey

Can you direct me to a resource for sample home association bylaws. We are creating an association in Puerto Rico. Thank you.

- Valerie

Drafting community association bylaws is not a project for lay folks. I urge you to retain the services of a competent attorney knowledgeable in community association law to guide you through the process.

Sincerely,

Margey

We live in a small condo and at the request of a unit owner, installed a little spigot on the side of the house so he could wash his car. He wanted it directly in the front but the lady on the first floor didn't want this bug-eyed psycho goggling at her. (He has menaced her and attacked her flowers, ripping them up with his bare hands in a rage over a Condo Association decision that didn't go his way.)

Since the spigot wasn't where he wanted it, he is withholding part of his fees. Given his nearly psychotic communications mode, we feel the only thing we can do is just file a lien on his unit. (Really, if you don't agree with everything he says, he simply starts screaming and runs away.)

Is this expensive? Does it require a court order or can we just run down to the registry of deeds and have it slapped on the unit? Thanks.

- B.

The board was very kind by expending association funds to install a hose bib at an owner's request. However, it sounds like that owner has issues far beyond the ability of the board to address. I urge you to retain the services of competent legal counsel as quickly as possible to ensure that the association's rights and board members' safety are protected. Additionally, most states prohibit anyone except attorneys and title companies from affecting title to property, which a lien would do.

Sincerely,

Margey

Our condo complex was built in 1987. Parking is provided in each attached garage, directly in front of it, central parking lot, or first come first served parking next to each building. We do not have any amenities such as a pool or clubhouse. Are we still required to have handicapped parking? Since parking is accessible close to each unit (a reasonable accomodation), I don't understand why it would be needed. Comments please!

- Jen

The Fair Housing Act requires homeowner associations to make reasonable accommodations for disabled persons, but only upon request. Please go to "Links and Resources" and then click on "Fair Housing Act" for more information on this issue.

Sincerely,

Margey

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My general belief is that, if a neighbor's tree overhangs your property you have the right, under a term called "self help" to trim the part that overhangs, as long as you don't kill the tree. I am told that it is different for Associations, in that the HOA is responsible for trimming healthy overhanging branches of trees in a common area, as part of "maintaining the common area". I don't see the difference, in this application, between a neighbor and the HOA - it's simply a tree from an adjacent property. Why should all members have to chip in on trimming that I believe the home owner can do under "self help"?

Questions:

1. Does an HOA have responsibility for trimming branches that overhang a members property?
2. Conversely, does the HOA have the right to trim trees overhanging members' property if the member doesn't want it done?

Sure would appreciate a prompt reply :^) Thanks.

- Ed

Let's look at the reasonableness test when deciding which entity is responsible for tree trimming in a community association. Logically, one would think that if a tree on the common elements begins to grow into or over a limited common area such as a patio or balcony, the association should be responsible for pruning that tree so that its branches remain in the common area. Conversely, if a tree or shrub planted by an owner in a limited common element such as a balcony or patio grows over or though the fence, it would be reasonable to expect the owner to prune the branches to eliminate them from encroaching on common areas.

In fact, not only is this the practical, rational approach to resolving pruning issues, but similar language can be found in many community associations' governing documents. Additionally, there is often language that authorizes the association to charge the owner the cost of pruning or removing trees and bushes in patios and balconies that may be damaging common element siding, gutters, fencing, etc.

Sincerely,

Margey

Hello, I am a officer in a 48 unit condominium just north of Pittsburgh, PA. we would like to hire a management firm, but we are unable to locate a company that does this type of management. Can you help us find a quality management company?

- Edward

To find a qualified community association management company in the Pittsburgh area, go to Community Associations Institute (CAI) and click on "chapters". Once you find the chapter in your area, investigate the management companies that are CAI members; they're the ones who receive an almost limitless amount of educational material and notices that can help keep the managers up to speed with regard to community association management best practices.

You might consider joining CAI yourself as an individual or a board member. The modest membership fee is more than recovered through the many services and benefits CAI offers community associations.

Sincerely,

Margey

What are the drawbacks of "complaint driven" CC&R enforcement? What happens if a CC&R violation happens for years and now one complains, can the violation still be enforced?

- Larry in Arizona

The board of directors of a community association is obligated to enforce the provisions of the association's governing documents. Waiting for a complaint to be filed before acting on a violation leads to that proverbial "slippery slope" in which enforcement actions may no longer be available. For example, if an owner constructed a patio cover six years ago and only now is a new neighbor complaining about it, a judge would be hard pressed to demand that the cover be removed because the board should have addressed the issue while it was being built.

Instead of awaiting complaints before beginning an enforcement action, the board should consider proactively inspecting the community once a month or so to ensure they are adequately protecting their association members' property values by timely addressing deed restriction violations.

Sincerely,

Margey

Hello,

I am truly at a loss with this one!!! My wife and I recently (4 days ago) rented a condo from a very nice couple. The condo complex is made up mostly of owners with some renters like us mixed in. The terms of our lease state that we will cover the stated rent, but that the owners would continue to pay the association fees. We were told, and have witnessed that the complex is extremely pet friendly, which was great news for us because we have a 100 lb Rotweiller (Kayla) and have had trouble locating places that will accept her. The owners told us they love animals and that they didn't have a problem in the world with Kayla being there, in fact, they did not even require us to pay a pet deposit.

Ok, here is the kicker, today I was walking Kayla outside when I ran into a couple of other people walking their much smaller dogs as well. One lady I had met the day prior and we had a nice conversation. So today she tells me "by the way I'm the association president, and did you kow that there is a 50 lb limit on dogs here?" I said no, that this is the first I had heard of that, and that the owner had not even mentioned that. She told me that she was the president, and that it was ok, and to basically just make sure she was cleaned up after and didn't cause any problems. She also said that it may be a good idea to introduce her to people when we see them so that they can see what a sweet dog she is.

Regardless of what she said, my wife and I are really scared at this point. We think that all it would take is one complaint from someone that was told they couldn't have a dog that size and we will get kicked out. We signed a year long lease and are not in violation of it because the owner was well aware of the dog and how big she is, but apparently was not well aware of the associations pet policy.

I guess my question is should we be worried? Are we as renters protected by our lease at all? Would they go to the owners or to us if there was a problem, and then what? Can they make us move out even know everything was fully disclosed up front??? Help :)

- Dean

You are finding yourself in a conundrum not of your making but which can certainly impact your residency in the community association. Most governing documents for community associations hold owners strictly liable for the actions of their respective tenants. Your landlord should have been aware of the weight limit for dogs before leasing to you. Now that you've moved in, there is certainly a possibility of the community association formally asking you to remove your dog. While the board president told you not to worry, that's no assurance that the entire board will take a different stance.

I suggest that you ensure that your dog is never unrestrained on the property, that you pick up her excretions, and that you control where she urinates. Perhaps by demonstrating your commitment to being a responsible pet owner, the board will grant a variance to the rule and allow Kayla to remain on the property.

Sincerely,

Margey

Rental Regulations apply in an assocation where an Asian board member, who recently bought one of the units, claims she is the roommate of her renter. Her neighbor adamantly claims she does not live there but lives with her mother around the corner and that her sister, who also owns a unit, has moved out and is also renting in violation of the rules. How do we prove who is living in these units? There are concerns about the fact the family has so many properties in the association and that the board may be accused of racial bias. What is the best way to handle this?

- Christine

Why does the board care who lives where so long as none of the residents are disturbing the peace and quiet of the neighborhood or violating significant provisions of the deed restrictions? If the association board is concerned about the obligation to enforce every provision of your association's governing documents, perhaps the board would consider proposing to the membership a more compassionate and less stringent regulation regarding leasing to accommodate owners who may be in financial difficulties and need to move away, or who for other reasons find it necessary to lease their respective homes?

Please click on "Search", and enter "renter" in the key word field to learn more about possible alternatives to prohibiting rentals in a community association.

Sincerely,

Margey

I live in Colorado. When I purchased my house a TV satellite dish was attached to the side of the house. It has been there for 4 years. Now the HOA says it must be removed because it violates their regulation that nothing can be attached to the stucco wall. Can they enforce that regulation after not doing so for so many years?

- Jerry

The Telecommunications Act of 1996 limits a community association's authority with regard to satellite dishes and antennas. For specific information regarding this matter, click on our Search function, and enter "satellite dish" in the key word field.

Sincerely,

Margey

I live in a HOA community of about 80 homes. The by-laws state the homes are for single-family use only. Currently there is a situation in which 2 of the homes are not single-family. I believe that both homes have 3-4 single males living in them including the owner. One of these homes happens to be my neighbor. Others in the community have requested that the board of directors enforce the single-family residence bylaw. I would like to know if there are some ways around this. I am a neighbor to one of these homes and I have no problem with them, I have children that are a few years younger than these guys and could see my own children in this same situation. Thanks.

- Jon

Like our Supreme Court Justices who often must interpret the intent of our founding fathers, so must members of the board of directors of a community association contemplate the original purpose and intent of provisions in the governing documents. If the purpose of prohibiting unrelated co-habitants of a home was to prevent parking issues or excessive use of the recreational facilities, then perhaps your board could craft rules that specifically address those issues. If the four gentlemen in the single residence do not behave in an illegal or physically or mentally aggravating manner that impacts their neighbors, and do not cause additional expense to the association, perhaps the board could consider granting a variance to the single-family restriction. Please click on "Search", and enter "variance" in the key word search field for more information regarding the variance development process.

Sincerely,

Margey

Our deed restriction prohibit having trampolines. We have received a letter from a homeowner stating that because his child is autistic, we are in violation of ADA laws by not allowing his child to have a trampoline as a means of therapy. The homeowner knew of the restriction prior to buying his home. Does ADA apply here?

- Renee

While the Americans with Disability Act does not apply to private property, the Fair Housing Act does. Many community association board members are unaware of federal legislation that impacts their organization; I urge all volunteer leaders to sign up for the free electronic monthly newsletter, "Association Times" (click on "Subscribe" on the left column), and to join the Community Associations Institute. Between the two organizations, board members will learn how to be competent, effective, productive, compassionate and, most importantly, reasonable leaders. All homeowners residing in community associations will also benefit from these two entities.

Association Times also contains a link to the Fair Housing Act on its "Links and Resources" page.

Sincerely,

Margey

Can neighborhood association rules regarding vehicles be more restrictive than those specified by state and local laws? Our covenants state that approved vehicles must be small non-commercial vehicles in attractive condition and good repair with current registration. Our current board interprets that to mean if it's allowed on the streets because it has passed state inspection then we can't do anything about it.

My feeling is that if action can only be taken against those that don't meet state or local standards what is the association for? We can just call the police and have them enforce those rules.

We've had rusted, beat up, bald-tired junk vehicles leaking oil all over the place on the one hand, and a massive monster truck (the wheel rims are 48 inches in diameter and it uses agricultural tires, the overall vehicle height is 13') on the other, but the board has refused to act because both were registered.

Who is right? Thanks.

- Wayne

Based on the brief information you provided, it would appear that the association's more restrictive regulations can be enforced. Perhaps the board should obtain a written legal opinion from a competent attorney addressing this issue so that the board members are more comfortable in pursuing compliance with regard to parking within the common elements. However, if the streets are public, then the association probably cannot require vehicles to comply with the governing documents because the association has no authority over property it does not control.

Sincerely,

Margey

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