I am on a HOA board that says that if it is written into the CC&R’s and regulatory documents that a violation “MUST” be enforced. HOW MUCH DISCRETION DOES AN ASSOCIATION BOARD HAVE IN DETERMINING WHETHER A PARTICULAR VIOLATION SHOULD BE ENFORCED? Can the board overlook what some members consider “minor” violations.
The docs say that external propane tank must be walled in so as not to be visible from a neighords property. A majority are walled in but still visible. Is the HOA required to have members bring into compliance, or can they just overlook it?
Clothesines are prohibited – but if a homeowner decides to solar dry their undies is the board required to have it removed, or can they just overlook i if they do not get complaints from other neighbors?
Weeds over a foot tall are prohibited on unimproved lots. Is the board required to have members bring such a lot into compliance, or can they just overlook it.
Exterior lights must fit certain criteria. Is the board required to have members bring such a lighting into compliance, or can they just overlook it.
What enforcement is “required” by the board? In absence of a formal complaint can they disregard some provisions?
Thank for the input