Enforcement of
Association Rules

For most Associations, rules enforcement can be a painful and never ending process whereby board members can be subject to abusive treatment by disgruntled members and members can be subject to unfair, biased decision-making from board members. If a member, member's tenant, or member's guest does not comply with a provision of the governing documents, the Board of Directors of the Association usually has the power to:

	Restrict the member from voting on matters related to the Association.
	Restrict the member, member's tenant, and/or member's guest from using the common elements.
	Require the member to pay a fine.

Prior to developing the Association's policies and procedures for fair and timely enforcement of the Association rules, consider these helpful hints:  

	Most documents call for a hearing process (sometimes referred to as "due process") for a member who is subject to fines or penalties.  Even if the Association's governing documents are silent on requiring a notice or hearing, good sense and fair treatment of the member that has been notified of a violation will go a long way in protecting the Association.
	If the dispute ends up in court, the judge will want to see that notice was sent to the member and that a hearing was offered to the member before any fine or penalty is imposed.
	To assist in establishing a fair, impartial hearing, many Associations have appointed "CC&R" hearing bodies or dispute resolution committees to first hear the matter and make a recommendation to the Board.
	A hearing provides an opportunity to be heard, especially if the dispute involves two or more members of the Association.  This will be particularly important should the matter escalate into litigation.
	A hearing opens the door to validation of many aspects of the dispute, such as: Whether the two parties are merely challenging each other on personal grounds or are instead pursuing valid complaints. Whether the non-compliant issue involves the member, the tenants, guests, or others. Bringing the matter to the forefront so that the Board and/or hearing body can determine whether the problem is resolvable. Offering an opportunity for the Board and/or hearing body to offer compromise and resolution to the non-compliant issue.
	Imposition of fines and penalties should be made pursuant to the Association's governing documents and/or relevant state law.
	Many state laws require that the association establish a fine schedule with reasonable monetary penalties, which support the severity of the violation.
	Fines and penalties should be imposed to deter prohibited activities and/or deter repeated offenses.  Fines and penalties should not be imposed as a means of generating revenue for the Association.
	Associations should also consider Alternative Dispute Resolution (ADR), such as mediation or arbitration.  The purpose of ADR includes: a means of settling disputes without resorting to litigation a means of access to a speedy and less expensive process a means to get an objective determination of the dispute, and (in the case of mediation) a means to bring the parties together in a safe and objective environment where they can get trained help to resolve their differences. In many communities, low cost or free mediation services are available and referral of disgruntled neighbors to such a group may resolve the matter without further complication or delay.

When enforcing Association rules, remember that early prevention will almost always save time and money down the road!