Show of hands: Who has actually read their community’s CC&Rs cover to cover and word for word? Statistically speaking, not many have. And while it may feel unnecessary to read them, we assure you it’s better to familiarize yourself with the rules and regulations before you’re fighting them or trying to implement them!
As board members it goes without saying you should know your CC&Rs, and more importantly reference them regularly to make sure you’re conducting business properly and within your legal rights. But what about everyone else? While you can’t force anyone to read your governing documents, you can make them easily accessible and easy to digest. Avoid misunderstandings and conflict with residents by trying these three things!
- Publish CC&Rs in a place that residents and board members can easily access. When you’re enforcing rules or issuing a violation, make sure you reference the section of governing documents that supports the board’s stance, and if necessary help translate it from legal speak to something more relatable.
- Details! What most residents don’t realize is that CC&Rs are very much like a guideline and the details of rules are adopted policies by the current board. For example, the CC&Rs may require residents to have well maintained landscaping, but the architecture and landscape committee may detail out a specific number of trees or shrubs required in each yard. Make sure the board and residents see the whole picture, details included.
- Don’t pick and choose. While it may work occasionally to find the part of your CC&Rs that supports your end goal, it’s better to avoid this approach. If you show your bias, you lose credibility and you’re bound to encounter conflict with residents as a result. Homeowners may do this too – skim the CC&Rs for one or two phrases – but as a board it is your job to make sure they see the whole picture. Don’t fall into the same bad habits.
Over the course of an HOA’s lifetime, some rules may no longer make sense, so if or when that time comes, be responsive and collaborative with homeowners to implement change. Help homeowners understand the legal requirements for making changes and communicate the process in detail. Any changes to CC&Rs usually require at least two-thirds support of the HOA, and the only way to get overwhelming support from residents is to work with them.
Related: Rule Skirting and How to Avoid it in Your HOA
CC&Rs aren’t fun to read. They are full of legal speak and they can be difficult to understand, but don’t let that be an excuse for not reading them or learning to understand them. For questions about HOA board membership and HOA management, contact Spectrum Association Management today!
I live here and have some questions regarding pets especially dogs. There are one or two dogs on the backside of my house that seem very menacing and frequently when I am outside one of the dogs tries to jump the fence. Even my gardener has told me the he and his crew are frightened of these dogs. This week I discovered a hole on the bottom of one of the fence planks that I believe was caused by the dog. Anyhow, this seems like a potentially dangerous situation and wish to make the board aware of this. When I go to my shed in the back this dog tries to come over the fence.